Question

Do you think your online activities on public social networking websites constitute a public setting? Explain.

Answer 1

Public social networking websites attract a lot of users who are looking for a forum to voice concerns, suggestions and questions as well as listen to the voices of others who are doing the same. The websites offer a platform and technologies for global users to interact but in most cases do not monitor all content and usage unless it is reported by another user. Online activities on public sites therefore do (and must) constitute a public setting to ensure the safety of all users - virtual and physical. Online posts have been known to contain inappropriate content and these must be made public so that relevant action can be taken by authorities and the poster held accountable for their content. There have been cases of cyber crimes targeting individuals using data on social network sites (cyber bullying, stalking) and so any such malicious actions must be marked as public to ensure adequate policing. The appearance of a public setting can also help to deter malicious comments and attacks (sometimes) to protect other users.

By virtue of being a public website, the content and online actions are public and available to all who choose to venture to the site, as is the information captured about the posting agent (name, location, time of posting etc.). Content and online activities on a public site cannot be legally construed as private activities unless there are exceptional circumstances.

Exceptions :

- where content is private to another individual (information pertaining to someone address, personal details etc.) and therefore should not have been posted on a public website.

- disclosure of information or activities relating to children (usually set at under 13 or 18 based on country preferences). Sites that target collection of data about a child must first provide written notice of the policies and obtain parental consent.

- privacy laws governing workplace interactions - where employers can research or profile potential or current employees due to available access to data

- european laws that allow 'right to be forgotten' where individuals can ask for their personal data to be deleted from internet sites.

(FindLaw, 2018)

References :

FindLaw (2018) Social Media Privacy Laws.