10-08-2019, 01:44 PM
(10-08-2019, 01:04 PM)Au165 Wrote: Harassment charges require the person to communicate the harassing nature to the victim specifically. Unless he was tagged in the tweet where the information then harassment would not hold up. People vs Barber proved this out as a shunned ex posted nudes of his girlfriend to his twitter then sent the link to her family and employer. In this case the judge through out the aggravated harassment charges because the girlfriend herself was never sent the link to the nude photos. Maybe there is more up to date precedent around this but I just checked federal law and it is the same, it requires the person to receive such message directly.
Barber just deals with New York statute.
Here is pertinent portion of Tenn statute.
[b](e)[/b] As used in this section:
[b](1)[/b] "Communicate" means contacting a person in writing or print or by telephone, wire, radio, electromagnetic, photoelectronic, photooptical, or electronic means, and includes text messages, facsimile transmissions, electronic mail, instant messages, and messages, images, video, sound recordings, or intelligence of any nature sent through or posted on social networks, social media, or web sites;
[b](5)[/b] "Social network" means any online community of people who share interests and activities, or who are interested in exploring the interests and activities of others, and which provides ways for users to interact.
Still don't know why so many people are fighting to defend this type of behavior. A young man killed himself because of this and the people responsible knew it would cause him severe psychological and possibly even physical harm.
