On Internet Comments and Trolling

What is trolling? In modern online discourse, the word troll is applied to people who post deliberately provocative comments in the hope of causing an argument or distraction on forums and comment sections.. It is widely acknowledged that the most appropriate and efficient way to deal with trolling is to ignore the comments. This insight has given rise to the phrase dont feed the trolls, meaning, do not respond to those deliberately seeking to distract from the discussion at hand. Trolling is annoying for those seeking a serious discussion, but it is not a practice that should be proscribed by law. Those who maintain spaces for online discussion should be left to moderate such comments as they see fit. They may choose to delete such comments, leave them in place, or label them as trolls. Trolling is not...

Disagreement or dissent - Many politicians and public figures are often surprised by the large negative reaction to articles they may publish. This leads them to describe any derogatory or derisive comments, or even comments that disagree with them, as trolling. Abuse and threats - Threatening or abusive comments online, whether specific or general, are covered by existing laws governing communications and hate speech. The Director of Public Prosecutions has issued interim guidelines on when to prosecute this kind of behaviour online. The guidelines state that messages that include a credible threat, or breach a court order, should be prosecuted robustly under Section 16 of the Offences Against The Person Act 1861, or Section 127 of the Communications Act 2003. Harssment and stalking - Persistent electronic messages that may not be individually threatening, but together may constitute stalking. Such communications may also be dealt with through existing law. The DPPs social media guidelines also cite the Protection from Harrassment Act 1997 as a means to prosecute those who engage in this kind of behaviour online. No new laws are required to address this problem. . Anonymous and pseudonymous commenting. It is a mistake to assume that anonymous comments are inherently negative and to be discouraged. Maintaining privacy online allows people to participate in discussions that they may otherwise be excluded from. It allows people to explore different identities and interests of which their family and friends may disapprove, and professionals to discuss their work without revealing client or patients details. Anonymity prevents identity theft. Anonymity allows online communities and online economies to flourish. It is not a niche protection for a small number of corporate whistleblowers.

Finally... Trolling is not defamation. It is incorrect to use the word trolling to describe the publication of, or linking to, defamatory content. It is also wrong to equate any of the practices above (dissent, abuse, stalking, anonymity) as being related to defamation. They are conceptually different problems, and it would be unwise to use the Defamation Bill as a vehicle to address other perceived concerns about online discourse.