MySpace is not safe space
There’s an article in the LA Times today about a 13-year old girl in Texas, whose parents recently sued Myspace for the alleged sexual assault she experienced:
Whose fault is it that 13-year-old “Julie Doe” lied about her age, met a guy on MySpace.com and was allegedly sexually assaulted by him in a Texas parking lot?
Not MySpace’s, a federal judge said in a decision released Wednesday. The ruling appears to be the first time a federal court has extended to social-networking sites the same broad free-speech protections granted to Internet service providers.
The only thing I know about this case is what I read in this article, but I think the Judge made the only sensible ruling possible. MySpace, like any message board host or “content enabler” cannot and should not be held liable for content that they do not create–just like bloggers should not be held liable for the comments other people leave on their blogs.
I know that sounds a little harsh, and I’m sorry that things like this really do happen, but the burden is still on parents and individuals to treat the internet with the caution it warrants.
{ 3 comments… read them below or add one }
Jason, I’m from the area where this happened. Like you, I agree with the court’s finding that MySpace should not be liable for negligence regarding this sexual assault. It’s terrible when this sort of thing happens, but the answer lies in education and supervision by parents. I’m involved with Social Media Club, and one of our long-term goals is developing educational materials about online safety for teens.
There is a part of this case - a fraud allegation - that the parent’s attorney says may be refiled in California, where MySpace is located, and where a few similar cases are pending. The fraud allegation has to do with whether MySpace presented itself as a safe place for kids, supposedly against the counsel of several state attorneys general. It will be interesting to see if those facts are true, and if so, how the California courts will rule.
The legal technicalities are very much beyond me in this case, but again I’d be surprised if even California courts found MySpace presented itself that way, given the age warnings all these sites are required to carry.
It’s good to know that there are groups working to keep parents educated on the internet and new technologies. I think most, if not all, problems that arise with children in video games and the internet comes from the fact that most parents are just unfamiliar with the territory.
These cases always amaze me. Very rarely do parents accept any responsibility for what their kids are doing online & then they blame the provider for something terrible. Parents do have the option of parental controls with most ISPs & parents have to educate their kids about safety in both the real & offline world.
While I don’t want to see a law passed to require it, it would be nice if schools would offer safety courses about this stuff…
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