There are many dangers with using social media which requires laws to protect people, especially young and vulnerable people. This blog will cover some of the key areas of the laws surrounding social media, focusing on the main social media sites.
Picture: Digital Social Media, Wix < https://static.wixstatic.com/media/73c818d494564f33883b5a2ffa08fb46.jpg/v1/fill/w_761,h_427,al_c,q_90,usm_0.66_1.00_0.01/73c818d494564f33883b5a2ffa08fb46.webp > accessed 4 March 2021
Age limits
Nearly all social media sites require that the user be at a minimum of 13 years of age to set up an account on the site.
Why?
Most of the social media application are run from and started in the USA, therefore they need to comply with the Children’s Online Privacy Protection Act (COPPA).
This act means that extra requirements need to be met to ensure they obey the act. This would include hiring special people to monitor the accounts of under 13’s, so to prevent this the age limit is set at 13 [1].
What is the Children’s Online Privacy Protection Act?
COPPA is a US act that prohibits the collection and selling of underaged children’s data without parental permission. All services wanting to be used in the US must comply with this Act.
What are the consequences of setting up and account as someone under 13?
If you set up an account as a 13 year old, then there is the chance that the account will be deleted if you are proven to be under the minimum age.
On Instagram, an account can be made to represent a 13 year old, but it must be made clear that the person is underage, by including the age in their biography and the account must be run by their parent, guardian or manager [2].
On snapchat, the age limit is 13, anyone under that gets restricted to SnapKidz, where they can take photos, but cannot send pictures or chats to other users. The data collected by Snapchat is also limited for users in the EU, meaning some features may not be available for them to use [3].
On Facebook however, setting up an account on behalf of someone under the age of 13 is against the terms of service and the account will be deleted [4].
Third Party Data Sharing
One of the newest dangers of the internet is third party data sharing.
What is third party data sharing?
Third party data sharing is where the company or website that is being used collects and stores your data. Examples of what data is collected changes depending on the website, for example location, advertisements you have interacted with and search history [5].
Why is my data collected?
There are different types of data sharing, one-off, long-term, and short-term which is dependent on the site you are using. Your data is collected for multiple reasons depending on the sites used, the most common reason is to collect data to create advertisements that would be interesting for you, the consumer. Other reasons can be to show you content that interests you, so you stay on the site for longer, this helps them make money by supplying you with more adverts.
Alternatively, it can be safe and necessary for your data to be collected for example by a school, collage, or university [6].
Why is this dangerous?
The reason why the data collection is dangerous is because there is a profile online of you that you have little control over, and that data can be sold. Collecting a child’s data is protected in the UK under the GDPR. At 13, consent can be given to have their data collected but until then a parent or guardian needs to give their permission to have the child’s data collected. [7]
Online bullying
There are many different types of bullying online that does not and cannot exist in person, which often makes it harder to catch. This section will include a few examples of the most dangerous examples of online bullying [8].
Harassment:
How is harassment defined?
The citizens advice define harassment as ‘unwanted behaviour which you find offensive or which makes you feel intimidated or humiliated. It can happen on its own or alongside other forms of discrimination’ [9].
What can people be harassed for?
There are multiple reasons why people can be harassed for example:
· Gender
· Religion
· Sexuality
· Race
The goal of harassment is the make the victim feel intimidated, violated, humiliated or offended. Sometimes it is not intended to make someone feel this way, but it is up to the recipient on how they interpret it.
What are the consequences?
Under the Equality Act, harassing people repeatedly for ‘protected characteristics’ is illegal and can result in up to 6 months imprisonment and/or a fine [10].
Trickery/outing:
Trickery and outing are serious bullying scenarios as it can endanger someone personally or their family and livelihood.
What is trickery/outing someone?
It is when other people share or release private information about a person without their consent. Trickery is when the information is released after someone befriended you with the purpose of sharing this information with other people.
Masquerading:
Masquerading is like trickery/outing someone but involves more hateful intent. The consequences are often the same.
What is masquerading?
It is when somebody makes a fake profile and impersonates somebody else with a new identity to cyberbully someone or share the victim’s personal information.
What are the consequences?
On all the main social media sites it is against the community guidelines to impersonate someone. Doing this and being caught can result in the account being deleted [11][12][13].
In the UK it is not illegal to impersonate someone unless you are impersonating a solicitor or a police officer, however the nature of the information released and shared can be subject to the law. For example, anything that is not allowed to be released to the public under a court order or is sensitive information. This includes sharing pictures and documents [14].
Computer Viruses
A computer virus is a piece of software that changes the ability for the computer to work properly and can also weakens safety measures to prevent hackers.
How do viruses spread?
There are many ways to get a computer virus but the main one it through fraudulent links but can also be contracted through downloads and applications. They can also be hidden as attachments on emails and websites as well [15].
What are the consequences of computer viruses?
Computer viruses often attack the way the computer works so examples of the effects of a computer virus are:
· The computer is working very slowly.
· New files installed on a computer, or changes in files already on the computer.
· Strange behaviour like the mouse jumping and not responding properly.
Legally there are implications to sharing around viruses. If you knowingly and intentionally spread a virus it can be against the law under the 1990 Computer Misuse Act [16].
References:
Age limits:
1) UK Safer Internet Centre, ‘Age Restrictions on Social Media Services’ (saferinternet, 25 April 2018) < https://www.saferinternet.org.uk/blog/age-restrictions-social-media-services > accessed 28 February 2021.
2) Instagram, ‘How do I report a child under the age of 13 on Instagram?’ (Instagram Help, 2021) < https://help.instagram.com/517920941588885 > accessed 28 February 2021.
3) Snapchat, ‘Privacy Policy’ (Snapchat, 14 September 2020) < https://snap.com/en-GB/privacy/privacy-policy > accessed 28 February 2021.
4) Facebook, ‘How do I report a child under the age of 13 on Facebook?’ (Facebook) < https://www.facebook.com/help/157793540954833 > accessed 28 February 2021.
Third Party Sellers:
5) Information Commissioner Office, ‘Data sharing’ (ico.) < https://ico.org.uk/for-organisations/guide-to-data-protection/key-data-protection-themes/age-appropriate-design-a-code-of-practice-for-online-services/9-data-sharing/ > accessed 28 February 2021.
6) Mehmood Hanif, ‘What Data Is Collected About You Online and How to Stop It’ (GlobalSign, 15 June 2018) < https://www.globalsign.com/en/blog/what-data-is-collected-about-you-online > accessed 4 March 2021.
7) Information Commissioner Office, ‘Information rights after the end of the transition period – Frequently asked questions’ (ico.) < https://ico.org.uk/for-organisations/dp-at-the-end-of-the-transition-period/transition-period-faqs/ > accessed 28 February 2021.
Bullying:
8) Securly, ‘The 10 Types of Cyberbullying’, (Securly, 4 October 2018) < https://blog.securly.com/2018/10/04/the-10-types-of-cyberbullying/ > accessed 4 March 2021.
9) Citizens advice, ‘Harassment’, (citizens advice bureau) < https://www.citizensadvice.org.uk/law-and-courts/discrimination/what-are-the-different-types-of-discrimination/harassment/#:~:text=This%20advice%20applies%20to%20England%20Print,or%20written%20words%20or%20abuse > accessed 4 March 2021.
10) Metropolitan Police, ‘I’m being harassed by someone on social media. What can I do?’, (Metropolitan Police) < https://www.met.police.uk/advice/advice-and-information/har/harassment-on-social-media/ > accessed 4 March 2021.
11) Facebook, ‘How do I report a Facebook account or Page that’s pretending to be me or someone else?’ (Facebook help) < https://www.facebook.com/help/174210519303259 > accessed 4 March 2021.
12) Instagram, ‘What can I do if someone I know is being impersonated on Instagram?’ (Instagram help) < https://help.instagram.com/789331971130837?helpref=search&sr=2&query=impersonation&search_session_id=cfd0ba2db644f89909243497755d5930 > accessed 4 March 2021.
13) Cyber insurance, ‘Snapchat Impersonation’, (Cyber insurance, 18 April 2016) < https://www.cyberinsurance.com/snapchat-impersonation/#:~:text=If%20you%20impersonate%20another%20person,easy%20to%20report%20impersonation%20offenses > accessed 4 March 2021.
14) The Internet Law Centre, ‘Online impersonation’ (The internet Law Centre) < https://harassmentlawyer.co.uk/all-topics/online-impersonation-legal-advice#:~:text=In%20the%20United%20Kingdom%2C%20it,police%20officer%20or%20a%20solicitor > accessed 4 March 2021.
Viruses:
15) Norton, ‘What Is A Computer Virus?’, (Norton) < https://uk.norton.com/internetsecurity-malware-what-is-a-computer-virus.html > accessed 4 March 2021.
16) Teach-ICT, ‘Legislation’, (Teach-ICT) < https://www.teach- ict.com/gcse_new/protecting_systems/malware/miniweb/pg8.htm > accessed 4 March 2021.
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