Consequences of Social Media Misuse: Individuals and Organizations

This report examines the multifaceted aspects of social media misuse, encompassing both criminal and civil consequences for individuals and organizations. The report begins by defining social media and its various users, including individuals and corporations, outlining the advantages and disadvantages of its use for each. It then delves into the legal framework surrounding social media, detailing relevant offenses such as harassment, malicious communication, and stalking. The report further explores civil consequences, including lawsuits for misuse, hacking, defamation, privacy breaches, cyberbullying, trolling, and virtual mobbing. It also highlights criminal repercussions, such as charges related to harassment, child pornography, and stalking, emphasizing the potential penalties for both individuals and businesses. The report concludes by underscoring the importance of responsible social media usage and the legal ramifications of its misuse.

Criminal and Civil for
individuals and organisation
that misuse
Social media
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Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
1.1 What is Social media?...........................................................................................................3
1.2 Different users of Social Media.............................................................................................5
1.3 Advantages and Disadvantages of using Social Media for Individuals................................6
1.4 Advantages and Disadvantages of using social media for business organizations...............6
1.5 Law and Social media............................................................................................................7
1.6 Civil Consequences of misusing social media by individuals and business organizations...7
1.7 Criminal consequences for individuals and commercial enterprise......................................8
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11
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INTRODUCTION
In today’s modern era, social media is considered as one of the most powerful sources
through which information, ideas are shared through use of networks and virtual communities.
With the help of social media, thoughts and ideas, pictures etc. can be shared across the world in
diversified places. It is a cost efficient tool which is used by people to have a close interaction
with different persons in world (Asur and Huberman, 2010). In this report, various uses,
advantages and disadvantages of social media will be discussed. In addition to this, varied
consequences of using social media will be demonstrated. These concerns can be in terms of
civil and criminal forms for both individuals and organizations. Various circumstances of
misusing social media along with the imposition of penalties will also be elaborated in this
assignment. Social media is an effective tool by which exchange of information can be done in a
cost effective manner.
TASK 1
1.1 What is Social media?
Social media is a computer oriented or mediated technology by which ideas, information, career
interests are created and shared through an effective expression via networks and virtual
communities (Couldry,2012). It is a mechanism through which communication between different
types of people and organizations is facilitated. Moreover, social media also develop online
social networks through its wide area of network. The salient features of social media are as:
 It is considered as a Web 2.0 Internet –established application.
 It enables exchange of contents generated by different users, posts pictures and videos
along with all the data and information which has been generated through online
transactions, from one place to another place.
Societal mass media is different from media which is based on paper. For instance, newspaper or
magazines etc (Dabbagh and Kitsantas, 2012).
 It enables people of different online communities to be together. Social media serves as a
base which assists online communication to be formulated in the context of the social
networks.
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Figure 1Social media
In other words, it can be said that social media is a form of transmission of personal
messages, ideas, concepts through an effective electronic communication.
This conception is utilised to elaborate varied social networking sites which are as follows:
1. Facebook: It serves as a foundation on which the pictures, messages, photos can be
shared in an easy and cheap manner.
2. Twitter: It permits its users to posts tweets in the favour of their followers.
LinkedIn: It is a platform which allows people to create their own profiles for the purpose of
employment and job seeking (De Vries, Gensler and Leeflang, 2012).
3. Snapchat: It is an application by the usage of which the consumers can share and send
pictures of daily activities. In this story of users remain till 24 hours.
It can also be said that social media revolution took place because of evolution of
networking sites. In accordance with a research, it can be assessed that around 22 percent
of people spend their time in engagement of social media. This clarifies that their social
media is very much popular.
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1.2 Different users of Social Media
Social media assists in connecting with different and diversified range of people among
different sections of world. So, it can be concluded that there are different types of persons or
institutions which are considered as users of social media. These can be classified as follows:
Individuals: This is the most happening category which uses social media to the fullest. This
category includes teenagers, adults’ children etc. Social networking sites are used by teenagers
the most (Duggan and Brenner, 2013). It includes Facebook, twitter, snapchat and Instagram.
They are fascinated by using these sites. Also, it acts as a status symbol of young generation.
They share their daily activities through Snapchat. Also, people use social media for the purpose
to relax from daily routine or to seek for employment. It serves as a platform through which
information regarding different contexts can be obtained. For an instance, through LinkedIn,
people can get opportunities of job and other purposes. The share of online users for LinkedIn
has increased to 32% for year of 2016. This shows that youth are depending more on social
networking sites for resolving their issues.
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Corporation/organization: Another user of social media is corporation or business institution.
Management of any business organization depends upon societal marketing so as to promote
their goods and services for better results and increased productivity. It is a requirement realised
by business organization to have a strong and boosted social media presence (Gao, Barbier and
Goolsby, 2011). Entities engaged in different business organization indorses their products not
only through newspaper, magazines or radio but also with the help of social networking sites
such as Facebook or Instagram. For an instance, companies like Zara and L’Oréal have formed
their Instagram and Facebook so as to encourage goods and products. Also, business
organizations use social media to connect with its customers with help of a term I.e., Company-
to- consumer, which establish relationship between consumers and institution.
1.3 Advantages and Disadvantages of using Social Media for Individuals
ADVANTAGES
 Social media enables students of school and universities to explore their topics and
subjects of study in a best and cost effective manner.
 Social media can transmit or transfer information or any other kind of information from
one part to another part of area in an efficient manner. It can also be said that it creates
easy access to interaction and data (Tufekci and Wilson, 2012).
DISADVANTAGES
 The main disadvantage of using social media is that children get exposed to
cybercrimes.
 Also risks of theft in terms of identity and fraud can be determined (Gerbaudo, 2012).
1.4 Advantages and Disadvantages of using social media for business organizations
ADVANTAGES Business organization can effectively perform functions of marketing and promotional
activities through an effective and impressive use of social media. This is due to reason
that people among all over globe are connected with each other through social interacting
sites, so, it is easy to advertise its products and services through the said sites.
It is a mechanism which provides a facility to communicate with diversified customers and
audiences (Hanna, Rohm and Crittenden, 2011). For an example, the companies who are
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engaged in the business of food retailing procure societal media for endorsing their brands
through the use of social media. Furthermore, social media assist a business corporation in building their relationship with
its respective customers. It can only be done by sharing of evidence or information
related to their stuffs and materials. In addition to this, social media is effective in nature in terms of cost also. Its feature
namely Pay Per Click advertisements on Facebook or Instagram empowers people to
access products and services rendered by a particular organization
DISADVANTAGES
 It encourages fake practices and other fraudulent activities.
 The information or advertisement that has been shared by a company in order to promote
or enhance their good are not available for a longer time period. Also, some networking
sites users posts comments which are not good for an image of a specific enterprise and
hampers its goodwill (Heller Baird and Parasnis, 2011).
1.5 Law and Social media Offences related to Social media
 Criminal offences are those offences able to define acts which are harmful and treated as
dangerous for whole state instead of a person who has suffered such act. Then, the state
prosecutes against him and impose fine as it may find suitable.
 It includes harassment, communications which are malicious in nature, stalking etc.
 There are various acts which are formed with a view point to punish the liable person
who has committed offence. It can also be said that government has released some sort of
guidelines which should be followed in order to use Social media.
1.6 Civil Consequences of misusing social media by individuals and business organizations
As, it has been concluded that there are various uses and utilities of using social media. These
have gained much popularity among young generation as well as in adults. However, there
are certain consequences for individual which occur due to misuse of social media. These
are as follows:
 If any person has misused the social media, then the other person has a right to sue him
in a court for any kind of mishappening caused by him.
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 Also, misuse of social media can lead to hacking of personal information of a particular
user, which can cause negative effects on him.
In other words, it also leads to defamation of another person which is caused by that person who
is misusing social media. In this aspect, the persons who have an intention to defame other
person utilises another medium like to express anger or to slander other with the help of
Facebook or twitter (Kaplan and Haenlein, 2010).
 Also, misuse of social media can also result in rendering false and unreliable
information which is not considered as appropriate. For an instance, people creates
fake stories about someone through formation of fake email accounts of Facebook page
etc.
 Cyberbullying is an another result which can come out for unauthorised use of social
media by people. It is an act of harming or harassing a person with the use of electronic
technology. Also, it includes to post wrong, defamatory comments on Facebook, twitter,
my space etc.
 Privacy loss can be remarked as the most considerable outcome of misappropriation of
social media.
 Trolling can be treated as another way of causing harm to other person through misuse
of social media. It is an act of disruption of a person intentionally, by instigating an
offence or any illegal or defame argument.
 Virtual mobbing is one more type of offence which can be treated as an evolution of
inappropriate use of social media. in this kind, there are number of individuals are there
who send messages on social media in context of a person with an aim to defame him or
like purpose.
1.7 Criminal consequences for individuals and commercial enterprise
Misuse of social media leads to criminal consequences as well. It should not be practised as it is
deliberated as illegal activity (Stelzner, 2011). Criminal offence leads to penalties which can be
imposed by judicial authorities. Some of the criminal concerns for misapplication of public
media are as:
 Various offences and criminal charges are executed for the abuse of social media.
Some of them are discussed as:
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o Harass, menace or offence caused: It is classified as a criminal offence
under the Criminal Code Act, 1995, which specifies that if a person use a
deportment service for an intention to menace, harass or like, then, it will be
conceived as criminal offence (Yates and Paquette, 2011).
o Child pornography: Under Crimes Act, 1958, it is considered as an illegal
act. In this, invitation or procurement a person who is under age for the aim
of sexual activity.
o Stalking is an another wrongdoing under the heading of criminal offence under
Crimes Act, 1958. Stalking means that when a person engages in an activity
which is related to causing harm to other person or creating fear in the minds of
that person and course of behaviour has that result.
 Also, an organization who misuses the social media can be held liable for charges and
also penalties can be imposed upon them.
 There are different acts and legislations which are framed with a legal point of protection
rights of persons, which are as under:
 Credible threats of violence to the person or damage to the property.
 Offences against the Persons act, 1861, Section 16 which conveys threat to kill.
 Protection from Harassment Act, 1997, section 4 which says that fear of violence.
 Section 2 of Protection from Harassment Act (1997), that is for Harassment and
stalking.
 Protection from Harassment Act, 1997 of which section 4 is made for fear of
violence.
 If any person misuses social media for a purpose to reduce freedom of expression of any
other person, then he can be convicted for an offence caused. In accordance with the
given case law of Chambers v DPP [2012] EWHC 2157(Admin), LCJ, it was held that
any iconoclastic, satirical or rude comment, the expression of unpopular or unpopular
comment regarding someone in case of trivial or serious matter, even if it is offensive or
painful to those persons which belongs to it and no doubt should be created at their
customary level.
 Also, prosecutors should move further in case of any malicious communication passed in
context of a person, with reference to section 1 of Malicious communication act and
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along with tis, section 127 of communications act 2003, can also be taken as
consideration.
 Also, a person who is a victim of privacy injunction can apply to competent court to stop
and prevent the publication of material relating to someone’s intimate life. It has been
decided with reference to the case law of Contostavlos v Mendahun([2012] EWHC 850
(QB)). In this case injunction has been granted by court to stop publication by defendants
who are about to show a video in which defendant and claimant were having intercourse.
 In addition to this, a business association can also conduct an offence against its
employee for its own intention. This action can be performed with misuse of social
media. For an instance, in a case between Mr S and British Waterways Board, it was held
that Mr S was discharged from his duty because of misconduct of misusing social media.
according to the company, he had written wrong and derogatory comments regarding said
corporation. So, in this light, Mr S was given opportunity of being heard and he bought a
claim for his dismissal which he considered as unfair. It was held by tribunal that Mr S
was unethically terminated.
o In the decided case law of “Taggart v Teletech UK Ltd NIIT/704/11”, it was
decided by tribunal that any comments even posted privately will be considered as
breach of privacy and also it will be classified as criminal offence under laws and
regulations formed.
In addition to this, in another case law of “Gill v SAS Ground Services
Ltd ET/2705021/09”, it was realised that employers can use the details of employees posted on
Facebook or another site as an evidence against that employee.
CONCLUSION
From this report, it can be comprehended that social media is an effective mechanism which
enable transfer of information and pictures, videos etc. it serves as a basis to exchange ideas and
thoughts among wide areas of world. Various social networking sites can be classified as
Facebook, Instagram etc. however, there are various advantage and disadvantages associated
with them. Also there are some legal and criminal consequences of maltreating of social media.
furthermore, various legal penalties are also imposed on them.
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REFERENCES
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Intelligence and Intelligent Agent Technology (WI-IAT), 2010 IEEE/WIC/ACM
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regulated learning: A natural formula for connecting formal and informal learning.The
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An investigation of the effects of social media marketing.Journal of Interactive
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Stelzner, M.A., 2011. Social media marketing industry report.Social Media Examiner.41. pp.1-
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protest: Observations from Tahrir Square.Journal of Communication.62(2). pp.363-379.
Yates, D. and Paquette, S., 2011. Emergency knowledge management and social media
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