Who hasn't seen a melodramatic or cryptic message on social media, or a change in «relationship status» on Facebook to signify a break-up? Making a break-up official on social media is nothing new. Today, on TikTok, the approach is the same, but the video format is even more expressive.
Thousands of users enjoy sharing their pain when they are cheated on or break up with someone. This sometimes gives us an intimate glimpse into the lives of individuals who should think about the consequences of their actions before posting anything...
The latest high-profile breakup The article recalls that Meghan (name changed) blocked her ex-boyfriend on TikTok before posting the first video about their break-up, so that he couldn't see it. She then set about responding to sympathetic comments and posting new videos. She says she regrets only one of her videos, in which she described her ex as «toxic». She quickly deleted it, but some of her followers found her ex's TikTok account and insulted him. Meghan had blocked her ex on all social media so that he could not be traced from her account. At the E-enfance Association, we would like to remind you that comments made on social media are the responsibility of the person who makes them. There are limits to freedom of expression: respect for others. It is a matter of respecting the image of the human person. Damage to the honour or reputation of a natural person may be punished on the grounds of defamation or insult.
An insult is a derogatory and contemptuous expression directed at a person without attributing any specific facts to the victim. If the insult is directed at a company or a member of staff, it is referred to as an offence. There are two types of insults: public insults and private insults:
-Public insult is an offence that falls under the jurisdiction of the criminal court; ;
-Private insults are a misdemeanour that falls under the jurisdiction of the police court.
Public insults are defined as comments that can be heard or read by an unknown and unpredictable audience. Insults published and shared on public social networks fall within the public sphere. Private insults are defined as comments made in front of a small group of people with a common interest. An insult made in the courtyard of a building will not be considered private because it can be heard by an unknown audience. On the other hand, an insult made within the same community and in a limited circle will be considered non-public. The settings of the person's account are important and apply to the web! If the insult is posted to a small circle of friends, in a private setting, blocked from the public, then it is a non-public insult. If, on the other hand, the insult is posted publicly and can be seen by everyone, recorded and shared without difficulty, then it is a public insult.
Depending on the account settings, comments made on social media may also be considered public defamation. Depending on the privacy settings chosen by the account holder, comments may be accessible to all internet users or to a more or less restricted circle of friends. Therefore, when comments are posted on an account that is accessible to everyone, this constitutes public defamation.
Strictly speaking, defamation consists of an allegation – or the imputation of a fact – that damages a person's honour and reputation. It can be racist, sexist or homophobic in nature. It is subject to a specific procedure designed to protect freedom of expression.
In the event of a complaint, defamatory statements may be subject to verification. If the accusation cannot be verified, it is then considered to be an insult. If you have been a victim in such a situation, do not hesitate to call the Net Ecoute 3018 teams, who are there to help and advise you.
