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by smokey_circles
1455 days ago
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I need this to be expanded upon. Presumably you don't mean your own life or data, or that of your friends and family where you can find consent. So what's left is arguing for a right to remember strangers with high degree of accuracy, which is just fucking creepy no matter how you defend it. And no, you don't have that right. Clearly trumped by the right to privacy. Unless you wanna defend some dude sitting outside your house (public property) recording you and your family's comings ans goings in a journal (which is already prohibited under most precedents around privacy, btw). So unless it's some weird exercise in pedantry around accidental collection of background data (should you be forced to delete a photo because it has someone else in the frame? No but you shouldn't be able to make it _generally public_ either, a picture frame in your house is fine. Facebook is not) I've either missed something you or you lack obvious social skills? Help me out here |
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Here is an example that is not hypothetical. I know someone who was sexually assaulted by someone they knew. They went to the police, and charges were brought. However, there was not enough evidence to convict, and the perpetrator was not convicted.
The victim decided to write their story and publish it on their blog. They don’t want to sweep their assault under the rug, and they want other people to know what the perpetrator did to them. They want to protect other people who might not realize what the perpetrator is capable of, and warn them to beware. They also are trying to deal with the fact that they couldn’t get a conviction, and want to know that at least some good can from their experience in protecting possible future victims.
So do they have the right to publish this story? Do they have the right to tell friend and family and anyone who might be listening, “don’t trust this guy! He assaulted me and got away with it!”
I believe it is everyone’s fundamental right to share their experience, even if that includes someone else in them. Of course, this doesn’t mean you can slander anyone you want, but in this case they are telling the truth. Now, that truth wasn’t enough to convict, but it is enough to not be subject to defamation charges.
So should that person be prevented from naming names in their blog? Are they allowed to tell people who go on a date with the perpetrator, “hey, here is what happened to me, be careful.” Or is the perpetrator allowed to just sweep it under the rug and keep the victim silent?