Protection of One’s Honor, Dignity, and Business Reputation on Social Networks: Issues and Ways to Resolve Them

Abstract

Over the last decade, social networks have become an indispensable part of societal life. Today, they are used not only for engaging in interpersonal communication but also for developing a personal image or business reputation, creating or promoting a brand, building professional or business relations, conducting commerce, or obtaining the latest information about what is going on around the world. The findings from an analysis of relevant legislation, case law, and user agreements indicate the unique legal nature of social networks. Based on their analysis of social networks’ key functions, the authors prove that in many areas social networks have acquired the role of mass media, as they are capable now of delivering the latest news or any other information to the user factoring in their individual tastes and information needs. Given the significant role played by social networks in informing people in today’s society, coupled with their key characteristics suchas horizontal dissemination of information, lack of preliminary moderation of user comments, and availability of two-way communication, compromising people’s honor, dignity, and business reputation on social networks can have quite serious implications for them in various spheres of social life. With that said, it appears to be quite difficult, for now, to counter this kind of attacks, both technically and legally. The paper provides an analysis of key issues that can arise as part of efforts to counter defamation on social networks (e.g., difficulty of establishing the identity of a respondent, difficulty of proving malice, or having to factor in the special nature of communication on social networks) and ones to develop legal solutions and ways to overcome such issues.