Michal Lavi, ‘The Good, the Bad, and the Ugly Behavior’

… Should the law provide a relief for online shaming? If so, when and how? This Article addresses these questions and aims to provide answers. It focuses on the shaming of ordinary people who are not public figures and are not corporations. It outlines the phenomenon, and addresses shaming’s virtues and flaws. Then it sets forth a taxonomy of three types of shaming: (1) ‘good shaming’ – shaming that is initiated by the court and carried out according to a judicial decision or recommendation; (2) ‘bad shaming’ – shaming an individual by spreading false defamatory rumors, or shaming that got out of control and evolved into defamation or harassment; and (3) ‘shaming the ugly behavior’ – the shaming of a person by private individuals for violating the law, or norms. This Article focuses on non-ephemeral online shaming. It examines whether search engines should remove links to search results that contain shaming, and if so, when …

Lavi, Michal, The Good, the Bad, and the Ugly Behavior (May 23, 2021). Cardozo Law Review, volume 40, no 6, 2019.

First posted 2021-06-23 09:00:04

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