Electronic guerrillas

Guerrilla. This means “members of a small independent group taking part in irregular fighting,” (Concise Oxford). Through the internet, there is verbal warfare, guerrilla-type. These are Facebook guerrillas. Their postings can be highly irregular, malicious and even damaging. Like lone wolves from secret places, they prey on unsuspecting victims. Armed with machine-guns, traditional guerrillas hide inside bushes. Armed with computers, Facebook guerillas shoot their poison from just about anywhere. Last week’s ruling by Justice Frank Seepersad sought to stop them. Will he?

Through spite, revenge or just envy, this small but increasing group operates as clandestine snipers. In many cases, these electronic guerrillas use fake names – hence you don’t see or even know them – violating one of the pillars of due process – knowing your accuser. No wonder there was so much media excitement over last week’s “Facebook case” wherein a woman, Jennelle Burke (pseudonym), was found guilty of spitefully posting on her Facebook page two years ago that a father was a rapist with his stepson and seven-year-old daughter, that the daughter was a primary school prostitute, etc.

Justice Seepersad stated: “Without reservation, this court concludes that postings and information placed on social media sites such as Facebook, Twitter, Viber and WhatsApp have to be viewed as publications and the common law test in relation to libel will apply to same.” He added: “In the absence of legislation that specifically addresses the use of social media and its real-world implications, the common law has to be developed to address and curtail the risk of harm.”

This means, so far, social media will be treated as newspapers, radio, tv, etc. Now the best defence for libel is truth, that is, if whatever is posted, written or said – as ugly as it may be – if you can prove it is really true, then you are likely to be safe. Incidentally, I have noted, there is more than this case to Justice Seepersad. His concerns for civility and public welfare were passionately preached last Christmas Eve at Marabella Presbyterian Church. He said: “Our society is under attack and the criminals are relentless. There must be unity to counteract same. This beloved land is imploding and the time for dramatic change has arrived …conducted from a perspective of unity.” Lawlessness is now cyber-driven. In several pieces of legislation, whistleblowers are allowed to report on anyone suspected of fraud, bribery, sexual assault, etc. The report may turn out to be true or not true.

Should the whistleblower be identified, especially if the report is untrue, or apparently, maliciously made? And what about damage to the accused person’s character? While “Ms Burke” was evidentially identified, Facebook facilitates fake identities.

This was one reason why Google and Facebook managers were called before the US Congress last November to explain why their systems were so open to abuse. Their reliance on unregulated free speech received heavy blows.

Fear of gossip and rumour has been a deterrent against public misconduct to the extent to which shame is an integral part of our culture. Are we not only lawless but largely a shameless society? There have been some headline notes describing the kind of society we are. For example, Archbishop Emeritus Joseph Harris has repeatedly noted the society’s fetish for gossip, slander, envy and hate. Leroy Clarke’s “douen society” also noted. With Facebook’s free for all, with false names too, gossip, slander and hate found an electronic vehicle. The identity loophole must be closed. Blackmail is also around the corner. Last year, the Economist magazine titled its cover with the claim that social media is becoming a threat to democracy itself. You see, ever since I saw Mr Patrick Manning’s head on Ms Kamla Persad-Bissesssar’s body and vice versa some seven years ago, I sensed serious trouble ahead. I became and still am fearful of social media. Cowardly, I am not on Facebook, etc.

When I was chairman of the Police Service Commission, (PSC) my gentleman friend and PSC member, the late Addison Khan, advised me to join LinkedIn, unlike Facebook. About five months ago, I reluctantly decided to join.

Quite apprehensive now, I have frozen the account, leaving so many friends and professionals hanging.

Electronic guerrillas are fearsome.