The AFL ‘dickileaks’ scandal has been unfolding for nearly three days through mainstream news and of course, social media. Where it all began.
Ahh, social media. That sinister, loud-mouthed influencer of the digital playground where content goes to become viral, get blown out of proportion and break all the rules. Or does it?
The controversial story about St Kilda FC player, Nick Riewoldt and his team mate Nick Dal Santo has been flooding the Twitter stream since Monday night when the naughty photos were posted by an unnamed 17 year old teenage girl on her Facebook page. The pics have since been hidden (I feel that ‘removed’ is too strong to use when referring to anything on the Internet), but social media is still buzzing and amping the hype. Since the ‘dickileaks’ hashtag went viral yesterday, it has been mentioned over 1800 times by more than 970 contributors and been repeatedly mentioned in mainstream news reports. It is also still trending in Australia. ![]()
Hours after the material was posted, her Facebook profile was closed down and the Police had been contacted. So with the photos, she took to Twitter where her follower count exploded from 200 to 8200. Talk of legal action has been thrown around but in Oz, Social Media and the law meet at a very blurry line. An article on theage.com.au has suggested that she could be charged under the Surveillance Devices Act or the so-called Upskirting Law (prohibits the visual capture and intentional distribution of photos of another person’s genitals) if it is proven that she did take the photos. It also carries a two year jail term.
So, should Social Media be bound by the same legalities that is abided by, by other media types through communications law? Why isn’t it already?
Copyright, Libel and Slander, Liability and Deceptive Acts and Practices have been identified online as areas where social media needs to watch it’s back. In the UK, privacy laws would apply to this situation and in the US, the ‘right to privacy’ could be brought into play. Should we follow suit?
This is the 3rd nudey Australian celebrity incident to circulate, escalate and Twitter-late this year.
This. Year.
In March, we saw Lara Bingle’s ‘deer-in-the-headlights’ naked shower photo appear on the Internet (but not before Woman’s Day reported it) and in early November, (then) Canberra Raiders player Joel Monaghan was snapped in a compromising position with a Labrador while celebrating Mad Monday festivities with his team mates. (See the censored pics below)…
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