Remedying Online Shaming

Marcowitz-Bitton, Miriam & Sommer, Hillel

Journal: Cardozo International & Comparative Law Review

Volume: 5

First Page: 375

Year: 2022

Bluebook Citation: 5 CARDOZO INT'L & COMP. L. REV. 375 (2022)

Author: Hillel Sommer: all 1 publication


Abstract

Shaming is an act of subjecting someone publicly to shame, disgrace, humiliation, or disrepute.1 This act has challenged many existing legal regimes. Its effects are devastating, and efforts to cope with it within the current legal framework have been largely unsuccessful, mainly due to the challenges posed by anonymous, online shaming. This article rethinks the remedies currently available to handle shaming. It touches upon both civil and criminal remedies and penalties, considering the role that the right to be forgotten can play in handling shaming effectively.

The article argues that only by complementing existing remedies with victims' rights can we address the effects of shaming by providing its victims with effective and meaningful ways to overcome its effects.

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