CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
The emergence and rapid advance of technologies have changed the way people interact, communicate and participate in social and political life. Different platforms and means of Digital communication provide people from all races the possibility to exchange information, express thoughts, opinions and ideas without barriers, merely having computer and access to the Internet[1].
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Digital evolution has made a tremendous impact on social, economic and political development in different countries all over the world. Today different communication services provide people possibility to share information within shortest time, communicate online with physical persons, private companies, state authorities, express oneself and influence political decisions[2]. Facilitating our lives and accelerating performance of our everyday activities, serving as an enabler of exercising users’ fundamental human rights such as freedom of expression and information, freedom of assembly, etc., the digital technology brings new risks and challenges for its users, policy makers, legal scholars and practitioners.
Social and legal problems involving the digital technology cannot be ignored today, as online activities have become not only necessary, but even vital part of everyday life for the people throughout the world. Despite the degree of involvement of the digital technology in our lives and our experience with digital activities, it still remains the least regulated area, where social relationships take place. The law is still not good at regulating technology. Therefore, it is often called “lawless frontier”, because the law operates on the basis of delimited territorial jurisdiction using frameworks and doctrines developed in an era of physical things and slow communication.
Users mostly oppose any intention to regulate technology such as the Internet, as according to existing opinion, the regulations will stifle the Net as a unique powerful medium. However, the specific nature and the power of the digital technology call on governments to address the risks and fears arising in this field to put measures to criminalize abuses or offenders[3]. Among the main fields which can be affected by illegal and harmful content on the digital technology and which therefore need special attention are the followings: - national, economic and information security; - intellectual property; - protection of human dignity;- protection of privacy; - protection of minors; - protection of reputation[4].
Digital technology advocates such as Edwards [5] foresaw a more communal and democratic society emerging in digital age, while Johnson and Post[6] explored the notion of the 'real' and 'virtual' as "separate, discontinuous territories, each with their own distinctive social properties". Other writers viewed the anarchic, unregulated, and decentralised network as a "technology of freedom"- one that would "defy the tendencies towards censorship and centralised control of speech and content"[7]. This study therefore explores the defamation in the digital age: a case for its criminalization.
1.2 Statement of the Study Problem
The digital technologies have no doubt empowered individuals worldwide to seek, share information and do businesses as well. However, while it presents unprecedented opportunities, it also exacerbates the tension already seen offline between freedom of expression and other interests. Among those competing interests are the rights to reputation and privacy, traditionally protected by defamation law.
Defamation, slander and libel, and other violations of other persons’ right to privacy has, probably, occurred throughout all ages and times. However, the digital technology and its rise enabled us to publish and partake of information in a completely different way when compared to traditional media – instantaneously, without respect of physical borders. In many cases, it concerns serious and potentially harmful types of defamation which in turn perhaps become even more serious as the potential spread of such defamatory acts are exponentially larger when committed on the Internet and it is against this backdrop that this study seeks to investigate defamation in the digital age: a case for its criminalization.
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