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Article: Revisiting Privacy and Dignity: Online Shaming in the Global E-Village

TitleRevisiting Privacy and Dignity: Online Shaming in the Global E-Village
Authors
Issue Date2014
PublisherMDPI AG. The Journal's web site is located at http://www.mdpi.com/journal/laws
Citation
Laws, 2014, v. 3 n. 2, p. 301-326 How to Cite?
AbstractSince the introduction of new Web-based technology in the early 21st century, online shaming against those who have violated social norms has been proliferating fast in cyberspace. We have witnessed personal information of targeted individuals being disclosed and displayed for the purpose of humiliation and social condemnation by the anonymous Internet crowd, followed often by harassment and abusive behavior online and offline, resulting in serious disruption of personal life. While public shaming as a form of criminal sanction has been widely discussed in present literature, social policing by shaming transgressions via the Internet is largely a new terrain yet to be explored and studied. Drawing on socio-legal literature on shaming and punishment, and jurisprudence from the English Courts on defamation, harassment and misuse of personal information and the European Court of Human Rights on the relationship between the right to private life and dignity, the discussion will explain how the role of dignity has informed the development of the right to privacy where its value has played a distinctive role. This refers especially to the context in which the plaintiffs could be said to be partly at fault as transgressor-victims. It argues that the recognition and protection of the dignity and privacy of an individual is necessary in order to arrive at norms and values inherent in decent participation in the e-village. In this article, the term “dignity” refers to one’s innate personhood, integrity and self-respect.
Persistent Identifierhttp://hdl.handle.net/10722/198016
ISSN

 

DC FieldValueLanguage
dc.contributor.authorCheung, ASYen_US
dc.date.accessioned2014-06-25T02:41:09Z-
dc.date.available2014-06-25T02:41:09Z-
dc.date.issued2014en_US
dc.identifier.citationLaws, 2014, v. 3 n. 2, p. 301-326en_US
dc.identifier.issn2075-471X-
dc.identifier.urihttp://hdl.handle.net/10722/198016-
dc.description.abstractSince the introduction of new Web-based technology in the early 21st century, online shaming against those who have violated social norms has been proliferating fast in cyberspace. We have witnessed personal information of targeted individuals being disclosed and displayed for the purpose of humiliation and social condemnation by the anonymous Internet crowd, followed often by harassment and abusive behavior online and offline, resulting in serious disruption of personal life. While public shaming as a form of criminal sanction has been widely discussed in present literature, social policing by shaming transgressions via the Internet is largely a new terrain yet to be explored and studied. Drawing on socio-legal literature on shaming and punishment, and jurisprudence from the English Courts on defamation, harassment and misuse of personal information and the European Court of Human Rights on the relationship between the right to private life and dignity, the discussion will explain how the role of dignity has informed the development of the right to privacy where its value has played a distinctive role. This refers especially to the context in which the plaintiffs could be said to be partly at fault as transgressor-victims. It argues that the recognition and protection of the dignity and privacy of an individual is necessary in order to arrive at norms and values inherent in decent participation in the e-village. In this article, the term “dignity” refers to one’s innate personhood, integrity and self-respect.en_US
dc.languageengen_US
dc.publisherMDPI AG. The Journal's web site is located at http://www.mdpi.com/journal/lawsen_US
dc.relation.ispartofLawsen_US
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleRevisiting Privacy and Dignity: Online Shaming in the Global E-Villageen_US
dc.typeArticleen_US
dc.identifier.emailCheung, ASY: annechue@hkucc.hku.hken_US
dc.identifier.authorityCheung, ASY=rp01243en_US
dc.description.naturepublished_or_final_version-
dc.identifier.doi10.3390/laws3020301en_US
dc.identifier.hkuros229246en_US
dc.identifier.volume3en_US
dc.identifier.issue2en_US
dc.identifier.spage301en_US
dc.identifier.epage326en_US
dc.publisher.placeSwitzerlanden_US

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