Online Shaming and the Right to Privacy

Laws 2017, 6(1), 3

30 Pages Posted: 27 Oct 2017 Last revised: 29 Oct 2017

See all articles by Emily Laidlaw

Emily Laidlaw

University of Calgary, Faculty of Law

Date Written: February 8, 2017

Abstract

This paper advances privacy theory through examination of online shaming, focusing in particular on persecution by internet mobs. While shaming is nothing new, the technology used for modern shaming is new and evolving, making it a revealing lens through which to analyze points of analytical friction within and between traditional conceptions of privacy. To that end, this paper first explores the narrative and structure of online shaming, identifying broad categories of shaming of vigilantism, bullying, bigotry and gossiping, which are then used throughout the paper to evaluate different angles to the privacy problems raised. Second, this paper examines shaming through three dominant debates concerning privacy—privacy’s link with dignity, the right to privacy in public places and the social dimension of privacy. Certain themes emerged from this analysis. A common feature of online shaming is public humiliation. A challenge is to differentiate between a humbling (rightly knocking someone down a peg for a social transgression) and a humiliation that is an affront to dignity (wrongly knocking someone down a peg). In addition, the privacy concern of shamed individuals is not necessarily about intrusion on seclusion or revelation of embarrassing information, but rather about the disruption in their ability to continue to participate in online spaces free from attack. The privacy interest therefore becomes more about enabling participation in social spaces, enabling connections and relationships to form, and about enabling identity-making. Public humiliation through shaming can disrupt all of these inviting closer scrutiny concerning how law can be used as an enabling rather than secluding tool.

Keywords: Internet; Technology; Shame; Abuse; Privacy

Suggested Citation

Laidlaw, Emily, Online Shaming and the Right to Privacy (February 8, 2017). Laws 2017, 6(1), 3. Available at SSRN: https://ssrn.com/abstract=2944307 or http://dx.doi.org/10.2139/ssrn.2944307

Emily Laidlaw (Contact Author)

University of Calgary, Faculty of Law ( email )

Murray Fraser Hall
2500 University Dr. N.W.
Calgary, Alberta T2N 1N4
Canada

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