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www.idiotacorrupto.com,
Using The Internet For Defamation Of
Character
To prevent the spread of digital defamation
in Costa Rica, the daily La Republica in its
report of March 11, 2010, suggests the
Superintendencia de Telecomunicaciones (Sutel)
be more proactive in the use of the interent
in Costa Rica and one solution is to require
all users of internet cafés to provide their
"cedula" (identification).
Daniel Chacón, in his report, cites the
increased use of the internet for defamatory
remarks and the lack of controls in Costa
Rica to stop the assassination of character
and the defence mechanism against defamatory
commentaries.
In reality, any person, using a computer at
an internet café or at work, including a
government agency, can make false and
damaging remarks either on a website and
without recourse from the injured party.
By way of a blog, newsletter or social
networking sites like facebook, twitter,
youtube, etc. a message can easily be spread
and with minimal, if any, legal
consequences.
In Costa Rica the problem is well known,
however, the there is no clear and cut
answer. The Sutel responds that its
liability is limited to ensuring that
customers receive the bandwidth promised by
the provider and have no link with content.
Thus the responsibility lies with the
Ministerio de Gobernación's "Oficina de
Censura" (Censorship office), which in fact
is powerless to anything to that respect.
The solution, although it is simple in
theory, would be to pressure the Sutel to
require that all internet cafés register
their users and all employers, government
and private, provide each employee with
internet access a code or "key" to indentify
the user and the information that is being
managed.
In this way, the Ministerio Público, as part
of an investigation, can track back to the
origin of the defamatory remarks and take
the appropriate legal action.
Of course, to punish an offender authorities
would have the responsibility to prove that
the person actually made the defamatory
remarks and not another person using his or
her computer. You see where that is going.
Thus, how can you protect yourself from the
publication of defamatory remarks on the
internet? There is no easy answer in Costa
Rica.
If a person feels they have had their
reputation damaged by something on the
internet, there are several options
available.
One, ask the Tribunal Penal (criminal
courts) to have the website blocked.
Two, ask the Tribunla Penal to hace ICE or
Racsa to provide the IP address of the
website that sent or where the message
originated.
In either case, the offended person has to
hire a lawyer, preferrably specializing in
the field, to file a civil suit or criminal
charges.
Another option is to hire consultants to
monitor the web.
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