INTRODUCTION
We all know how significant an area the Internet has become over the past few years. Some people think the Internet is unregulated and unaffected by any laws. This is not true. There are a number of areas of law in England and Wales that affect the Internet. This section touches on some of the more common ones.COPYRIGHT
It is possible to download all sorts of items from the Internet free of charge such as software, articles, pictures, songs etc. Many of these items are likely to be protected by copyright or similar rights. The laws relating to copyright apply to material on the internet in England and Wales and in other jurisdictions.DATA PROTECTION
Businesses are required to register with the data Protection Registrar, if they keep information about individuals on computer. Individuals have the right to access to the information kept about them. When a web site asks for personal details about a user it is easy to fall foul of the Data Protection Act.EMAILS
Employers need to ensure that their employees take care when preparing and sending emails either inside or outside the work environment. There is often a tendency for emails to be informal. The author of an e-mail will rarely think about the chance of its contents being seen except by the intended recipient. There is a tendency to be forthright. However if the email contains a defamatory comment then the author and publisher (anyone who passes on or through whom the email is passed on) can still be held liable.DEFAMATION
Defamation is a tort or civil wrong. It consists of making a statement to a third party that has the effect of damaging a person's reputation. The two branches of defamation are libel and slander. The person whose reputation is called into question can sue for an injunction to prevent further publication of the defamatory comment and for substantial damages. This includes emails, information on web sites including statements and publications on bulletin boards and news groups.The author of the statement and the publisher are responsible and liable for any damage that may be caused, unless they can show that the statement was true, or fair comment, or protected by qualified or absolute privilege, or the person agreed to the publication.
In respect of libels on the Internet a defence exists for a person or a company who can show the following:
- a. That they were not the author, editor or publisher
- b. They were merely the operator of Internet equipment or services
- c. They had no effective control over the author - (consider whether this would apply to an employer whose computers were used by an employee to publish a libel and who had not expressly prohibited such use by the employee)
- d. They took reasonable care and they had no reason to believe that they had contributed to or caused the publication. (The taking of reasonable care will inevitably involve an examination of any policy and rules as to use of internet facilities)
- This defence gives protection to Internet Service Providers but may also help a business whose employees have access to the internet and to e-mail and make defamatory comments which come to the attention of the aggrieved person. It is important that the employer has attempted to control the use of e-mail and internet facilities.
INTERCEPTION OF EMAILS
The Investigatory Powers Act 2000 makes it a criminal offence if there is an unlawful interception of an email, unless the interceptor has reasonable grounds for believing that the sender and recipient would have consented to that interception. There is an important exception for the interception of emails by employers. See below.EMPLOYERS
With the potential problems that the internet can cause for an employer it makes sense for an employer to take steps to protect himself with a sensible e-mail and internet policy which provides at least for restrictions on the use to which business e-mail and internet facilities are put and gives a contractual right (to which the employee consents) for e-mails to be monitored. The advantages include:- added strength to the "innocent ISP" defence in the event of a libel suit
- reduction of the chance of being sued for libel
- reduction of the risk of virus infection on the business intranet
- avoidance of "clogging" of the system by large files such as mp3 and .exe files
- making sure that the staff do some work and don't spend their working day surfing the net and e-mailing their friends and family!
PORNOGRAPHY
It is a criminal offence to publish material that is likely to deprave or corrupt and this of course includes material published on web sites and sent by email.HACKING
Hacking is a criminal offence. This includes unauthorised access to computer material, or unauthorised modification of data.SPAMMING
This is the unsolicited sending of commercial email. Is not itself a criminal offence, although in certain exceptional circumstances it could be grounds for a civil action.SHOPPING ON THE INTERNET
Please refer to our free INTERNET SHOPPING Information sheet for more information.CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
These regulations give protection to consumers who shop by PHONE, MAIL ORDER, FAX, DIGITAL TELEVISION and THE INTERNET.They give the right to be given the following:
- CLEAR INFORMATION (About the firm's identity, nature of service offered, price, payment methods, delivery arrangements)
- CONFIRMATION OF SUCH INFORMATION IN WRITING
- SEVEN DAY COOLING OFF PERIOD
- PROTECTION FORM CREDIT CARD FRAUD
These rules do not apply to Financial Services, Auctions, Vending machines, Pay Phones, and Contracts for the Sale of Land.
Some parts of the regulations do not apply to deliveries of food, or beverages, transport, accommodation, catering, or some leisure services.
