Wed, Aug 26, 2015 page5

• Posting information online risky: lawyer

  CLAIMS FOR REPARATION: A senior prosecuting officer said that uploading personal information on the Internet without a subject’s consent could result in being sued

  • By Lin Yi-chang and Jake Chung / Staff reporter, with staff writer
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  Despite the relative freedom offered in burgeoning Internet communities, lawyers say that actions such as sharing information, listing cars that are parked illegally or simply posting photographs might be walking a tightrope in terms of legal regulations.

  According to lawyer Chiu Huang-chi (邱皇錡), photographs uploaded on the Internet should avoid making public the names, telephone numbers, addresses, medical records or license plates of people involved in incidents to avoid violating the Personal Information Act (個人資料法).

  A senior prosecuting officer said that if personal information is collected and used, people affected can file for damages.

  Directly mailing photographs of cars that are illegally parked to the police is a safer option, unless the person posting the image blurs the license plate, the officer said.

  Taking photographs in public areas and uploading them on the Internet does not constitute a violation of the law, but photographs of certain areas of the human body or of certain people posted on the Internet without obtaining the subject’s consent, which are then used for profit or in an inappropriate manner, could also be grounds for claims of reparation, the officer said.

  Direct or indirect insults can be viewed as calumny or slander if the target of such insults is clear, the officer said.

  Chiu said that use of emotional language on the Internet, if focused on a public issue or used to criticize public figures, runs a lower risk of being viewed as slander or threats, as it falls under freedom of speech.

  Citing an increase in public protests in recent years, Chiu said Internet users should refrain from posting messages using language attempting to incite others into criminal activity, such as rushing into government organizations or using violence against police officers.

  Chiu said he had handled a case involving students from the Sunflower movement protests who were accused of attempting to paralyze Taipei’s Mass Rapid Transit system — to demonstrate their opposition to Chinese Nationalist Party (KMT) legislators attempting to ram through bills that affect the nation’s future and President Ma Ying-jeou’s (馬英九) administration attempting to pass the controversial cross-strait service trade agreement without legislative review or public scrutiny — with the Taipei District Prosecutors’ Office dropping the charges.

  The original post did not name a time or place and did not include details on how to gather, Chiu said, adding that the post was therefore considered to be within the parameters of freedom of speech and was not a case of inciting others to commit a crime.

  Another case involved someone driving on the wrong side of a road to block a car and then using physical violence against the other driver, Chiu said, adding that the victim was later sued for violating the personal information act as they had uploaded a video of the incident without covering the perpetrator’s face or vehicle license plate.

  A manager of the Lu Dou Chiayi Resident page on Facebook, who uses the pseudonym “Editor L,” said posts in the group have to be reviewed by administrators before being uploaded.

  The group asks for verifiable information concerning the time and location of incidents, along with photographs or video footage of incidents before any posts are uploaded, Editor L said, adding that if an issue is controversial, the group asks the original poster if they are willing to make public their identification as a way of taking responsibility.

  As for posts containing images of illegally parked cars, Editor L said the group leaves it up to the members’ discretion whether they blur out license plates.

  Another group, the Puzih Public Observation Station, refuses to interfere with posts, saying that netizens must take full responsibility for the content of their posts.
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