Legal Lingo: When Facebook Feuds Go Too Far!
Good morning lawyer.
For some time now, an acquaintance of mine, following a heated argument during which I told her that I no longer wanted to have contact with her, has been publishing abusive and offensive content towards me on her Facebook profile. I was informed of the circumstance by my cousin, since I don’t use social media. What are the girl’s responsibility profiles?
Maria, Settimo Torinese
Dear Maria, Let’s Get Down To Business!
Now, before we dive deep into the legal quicksand, let’s just say this: it seems like your “acquaintance” (I suspect she’s actually a “frenemy”) has taken a *very* creative approach to communicating her feelings. Think of her Facebook posts as an off-Broadway show, but full of offensive comments and no audience. And, spoiler alert—the reviews are not great!
As previously mentioned in these legal musings, anyone who offends the reputation of others by communicating with multiple people, in the absence of the recipient of the offensive expressions, commits the crime of defamation. That’s right! It’s like a bad game of telephone but instead of “I love pizza,” we’re getting “Maria is a total disaster”—yikes!
Now, here’s where it gets juicier. Your acquaintance’s ongoing harassment could also qualify as the crime of persecution, or as the hip kids call it—stalking. Just because you don’t scroll through her posts (which sounds like a great life choice, by the way), it doesn’t mean you’re off the hook. The law sees it a bit differently.
According to the powers that be, mere *indirect* awareness—thanks to the lovely whispers of your cousin—doesn’t absolve her of responsibility. She could face charges if it’s shown that she intentionally set out to ruffle your feathers and create a state of psychological distress for you. I mean, talk about ‘being petty’ on a whole new level!
Let’s Break Down the Legalese
So, what does the law say about this? The crime in question may be committed through a series of communications aimed at creating distress—even if they’re all very random and not necessarily pre-planned! As if your acquaintance *knew* that you’re secretly watching her antics through your cousin’s updates!
Even if there’s no prolonged harassment, just two instances of this harassing behavior can be enough for the legal bigwigs to pull out the “stalking” charge. Yes, my friend, even that scathing comment about your bake sale can be bundled into a legal package! And that’s not just hearsay—just check out the recent ruling from the Court of Cassation (case number 33986) if you’re ever in need of some light bedtime reading.
Final Thoughts
So what can you do? While I can’t impersonate a lawyer (trust me, nobody wants that!), you might want to consider discussing this matter with a true legal eagle. Document everything. Screenshots, messages, prints of her latest Shakespearean drama on Facebook—the whole lot! Once you’ve got your evidence, seek assistance to understand your options.
Remember, social media is like a legal drinking age—one moment you’re fine, and the next, you’re potentially facing charges for bad behavior! So, take action before you find yourself at the receiving end of more unsolicited offensive posts.
In conclusion, Maria, it sounds like you’ve got a true Shakespearean tragedy on your hands, promising no happy ending. But fear not! With the right advice and action, you could turn this social-media soap opera into a cautionary tale.
The Lawyer
Good morning lawyer.
For some time now, an acquaintance of mine, following a heated argument in which I firmly expressed my desire to sever ties with her, has been persistently publishing abusive and offensive content about me on her Facebook profile, causing significant distress. This troubling situation came to my attention through my concerned cousin, as I do not engage with social media platforms. I am curious to know what responsibilities and potential legal repercussions this girl may face regarding her online behavior.
Maria, Settimo Torinese
Dear reader,
as previously discussed in these same columns, any individual who disparages the reputation of others by disseminating harmful statements to multiple people, without the presence or knowledge of the victim, is committing the offense of defamation.
Furthermore, in this specific instance, the repeated and targeted harassing actions undertaken by your acquaintance could indeed amount to the crime of persecutory acts, commonly referred to as stalking. This applies even though your awareness of the derogatory material stems from a second-hand account via your cousin rather than direct exposure.
The commission of the aforementioned crime can occur through a concerning pattern of abusive communications from the perpetrator, which may be seemingly random and not necessarily premeditated. Such communications can be directed to third parties under the assumption that the victim will become aware of their contents. The perpetrator must be conscious of the potential to inflict psychological distress upon the victim, as stipulated in Article 612 bis of the penal code.
Supporting this assertion, the Court of Cassation recently reinforced this position in ruling no. 33986, filed with the Registry on September 6, 2024.
Moreover, the ruling emphasizes the prevailing jurisprudential view that, for the purpose of establishing the crime of stalking, it is not mandated for the harassing behavior to occur over an extended duration. Even the occurrence of just two instances of such conduct in a brief timeframe can be adequate to substantiate the claims.
The lawyer responds
What legal options does a person like Maria have if they are being harassed on social media by someone they know?
**Interview: The Legal Side of Facebook Feuds with Attorney Jane Smith**
**Editor:** Good morning, Jane! Thank you for joining us today. We have a rather intriguing case from our reader, Maria, who is facing harassment on social media. She obviously doesn’t use social media herself, but her acquaintance is publicly posting abusive content about her. What are the legal ramifications for such behavior?
**Jane Smith:** Good morning! This is indeed a fascinating and critical issue in today’s digital age. Maria’s acquaintance could be liable for defamation since her posts likely harm Maria’s reputation. Posting false or embarrassing information that others can see definitely crosses a legal line.
**Editor:** That makes sense! But Maria is unaware of these posts due to her choice not to engage with social media. Does that play a role in her case?
**Jane Smith:** Absolutely. The law does recognize indirect awareness. Even though Maria doesn’t see the posts firsthand, the fact that she learned about them from her cousin means that the acquaintance’s actions could still be viewed as intentional harassment. This could potentially lead to charges of stalking as well, depending on the nature and frequency of the posts.
**Editor:** Interesting! So, what evidence would Maria need to gather to support her case against this acquaintance?
**Jane Smith:** Maria should document everything. If she can gather screenshots, any communication from her cousin about the posts, and even witness testimonies—anything that demonstrates the hurtful nature of these comments—will be crucial. This evidence will not only help substantiate her claims but also help her choose the best legal course of action.
**Editor:** If someone is facing harassment like Maria, what steps should they take?
**Jane Smith:** First and foremost, consult with a qualified attorney who specializes in defamation or harassment law. They can better navigate the legal system and suggest the best approach. It’s also important for the victim to remain calm and continue collecting evidence rather than retaliating, which could complicate matters.
**Editor:** Wise advice! Lastly, Jane, do you think it’s common for social media to exacerbate issues like these?
**Jane Smith:** Definitely. Social media can amplify personal conflicts and provide a platform for negative behavior that might not occur face-to-face. It’s a modern twist on the classic ‘telephone game,’ where messages can become distorted, leading to greater misunderstandings—and unfortunately, even worse behavior.
**Editor:** Thank you so much for sharing your insights, Jane. It’s vital for individuals like Maria to understand their rights and what actions they can take against online harassment.
**Jane Smith:** Thank you for having me! It’s always important for individuals to be aware of their legal rights in this digital age.