Internet Law – A Brief Introduction to Cyber Torts

(August 2017) Issue 26

In this modern age, the Internet has become an essential tool of work and social communication and functioning.

In 2015, the World Internet Usage & Population Statistics found that 293,875 persons or 90.5 % of the Bahamian population uses the Internet. The growing awareness of the social, economic, and political impact of the Internet on Bahamian society has brought the question of governing the Internet and individual Internet activity as a whole into sharper focus. In fact an article published on the 4th August 2017 the Nassau Guardian discussed the increase of cyber crimes within the nation over the last two years. The article noted the rise of cyber attacks on companies within the financial services industry. Of particular concern was the fact that the Global Cyber security Index 2017 listed the Bahamas as having one of the worst cyber security structures in the world.

However, the process of regulating the legal and social consequences of individual internet use is still in development. The Bahamian legal system, in particular, is still in its infancy when it comes to developing appropriate protections and rights for individuals using the Internet. This is because the Legislators and the Courts have yet to provide clear answers to many of the rapidly emerging legal problems that have developed since the advent of the digital era. There is a significant lack of case law and precedents to define what is considered a legal right infringement and what is not when it comes to major Internet-related legal issues.

The fact that the Internet is now an integral part of modern society means that the individuals who use it should have some security that their Internet rights should be respected and that there will be legal ramifications if they are not. However, it is important that individuals know their rights in order to know when their rights are being infringed. This article seeks to provide a brief overview into the various Internet right infringements also known as Cyber Torts that can be performed over the Internet.

What are Cyber Torts?

Cyber Torts can simply be described as torts or violations of a right done over cyberspace. A cyber tort falls in the realm of using the Internet or computers to commit a negligent or intentional civil wrong against others. However, most cyber torts are also criminal offences. Education about cyber torts is very important in today’s internet age because cyber torts are rapidly increasing and the ramifications of such torts can have serious effects, not only on the individual but on society as a whole.

Examples of Cyber Torts

Email and/ or Text Harassment

This is the abusive use of the Internet to send unwanted, excessive and inordinate amounts of emails, texts, whatsapps etc to another. This type of online activity can be compared to harassment through letters.

Cyber-stalking

This tort involves following an individual’s movements across the Internet by posting messages usually directed to the individual (particularly threatening or obscene) on websites frequented by the individual, intentionally entering and posting on the chat-rooms or internet forums frequented by the individual and constantly overwhelming the individual with emails, texts, whatsapp etc.

Dissemination through the internet of obscene, offensive or prohibited materials inclusive of indecent exposure and pornography

This tort can take several forms. This includes hosting a web site containing these obscene materials, using computers for producing these obscene materials, downloading these obscene materials via the Internet.

Defamation

This is the intentional false communication of information that injures the individual’s reputation or good name, exposing the individual to contempt, hatred, ridicule or scorn. Defamation through the internet or cyber defamation is simply the digital counterpart to typical defamation.

Online Impersonation

This tort occurs when an individual, without consent, uses the name or persona of another individual online with the intent to threaten, harm, intimidate or defraud any person.

Taking unauthorized control or having unauthorized access over computer system

This tort commonly is referred to as hacking.

Distribution and or dissemination of pirated software (Intellectual Property offences)

This tort consists of any activity by which the owner is deprived completely or partially of his rights through the forms such as software piracy, copyright infringement, trademark and service mark violation, theft of computer source code, etc.

Conclusion

To date most cyber torts remain elusive from legal sanctions because unlike conventional torts there is no violation committed face to face against another. There is no literal damage to physical property nor is there physical bodily harm. Cyber security case law and regulations are still in the fledgling stage of development. Due to the fact that it is quite a challenge for persons to obtain any form of criminal conviction against another for a cyber tort, persons who have been victims of a cyber tort should seek redress in the form of a civil suit.

The article above is a brief overview on cyber torts. Should you have any further questions, queries or concerns, we at Halsbury Chambers would welcome the opportunity to provide you with any additional information regarding the violation of your internet rights. You can contact us as 393-4551.

Aliah Ramsey
Halsbury Chambers
aramsey@halsburylawchambers.com