OSOYOOS TIMES-January 6, 2010

By Laurena Weninger – Osoyoos Times

Facebook.
According to the social networking website, more than 350 million people now have a Facebook account.
More than half of those who use it log on at least every second day and each day, more than 55 million “status updates” are posted.
But while it might seem a harmless way to keep in touch with distant friends and family, what you post on a Facebook page can have repercussions.
“These fellows here are walking a very fine line,” said Osoyoos RCMP spokesman Cpl. Jason Bayda. “Even though it’s just Facebook.”
Bayda is referring to two 16-year-old Osoyoos teenagers who recently spurred complaints at Osoyoos Secondary School (OSS) by posting the lyrics of a song called “Nigger Hatin’ Me” on Facebook.
One of the teens and his mother agreed to speak to the Osoyoos Times on condition of anonymity.
“Everyone knows the song off by heart,” said one of the teens. “It was a joke. Everyone does it… it’s not like I am putting this on someone’s wall that’s black.”
But it was not taken as a joke by some of the school’s other students, who took the matter to OSS administration.
The administration, in turn, brought the matter to the mother of the young man.
“It bothers me,” said the mother, adding she has worked hard to teach her children not to be racist.
She said she thinks that her son didn’t mean it to be hurtful, and he is not prejudiced, but still doesn’t agree that what he posted is appropriate.
“People will judge you right away… racism hurts a lot of people.”
Her son insists his posts are not racist.
“It was a joke,” he said. “Everyone that knows us wouldn’t take offense to it.”
According to statistics, the average Facebook user has 130 “friends” – by invitation only – on his or her page.
That means 130 people who can access the “wall,” “status updates” and photos posted by the user.
Depending on the user’s security settings, those posts can be sent out automatically to the “news feed,” meaning they are added to a distributed list that is updated every few minutes. Alternately, a friend’s Facebook page can be accessed more privately, by directly typing his or her name in the search bar.
Either way, one usually has to be a registered “friend” to see the user’s posts.
The 16-year-old who posted the song lyrics on his wall has more than 700 Facebook friends, including friends and family he has met each summer and through various activities.
He said that if they don’t like what he posts on his wall, they should stay off his profile.
“I don’t care how I look. I don’t really give two hoots,” he said. “If you don’t like what you see, don’t look at it.”
The legal lines between “public” and “private” get a little blurry when it comes to social networking sites like Facebook, said Bayda – especially if you have 700-plus “friends.”
“It’s not a public forum, per se,” he said.
Yet, under the Criminal Code, a “public place” includes any place the public can access by right or by express or implied invitation.
And, under the code, “hate propaganda” includes a degree of incitement, some form of urging people to take action against a certain group — be it a certain race, religion, ethnic origin, or sexual orientation — and the song lyrics don’t urge any such behaviour.
Bayda said that the young men’s actions in posting the song lyrics may not be considered criminal at this point, but they would be considered by many to be morally and ethically wrong.
“Any time we talk down to any race, religion, sexual orientation, even if you think you’re not a racist, you’re hurting the people you’re talking about,” he said. “He should understand it may be a joke to him, but it isn’t a joke to the people he is talking about.”
It is not the first time Facebook has been a forum for messages considered by some to be inappropriate.
In November, 2008, the site made headlines when a group on Facebook promoted “kick a ginger day,” reportedly inspired by the cartoon “South Park” that urged members to kick redheaded people.
In some communities, redheaded school students ended up covered with bruises and offenders were suspended.
According to media reports, Comox Valley RCMP investigated the incidents as a hate crime.
Bayda said that even if an incident doesn’t qualify for criminal charges, past posts can be scrutinized at some point in the future.
If something should happen down the road that can be linked to past Facebook posts, it’s fair game for law enforcement officials.
“People think it (Facebook) is a private forum but if an offense is committed under the Criminal Code there are ways for us to access it.”
That involves seeking a judicial authorization that would require data from the website to be turned over to the RCMP and the courts.
The young man said he does not access his Facebook account from school, though many students do.
The school’s administration declined the opportunity to comment on the issue.
According to Andrew Noyes, a Facebook spokesman, the site’s policy covers such posts.
“When users register on our site, they agree to our terms of use, which state that they cannot intimidate or harass other users,” Noyes stated in an email. “The same goes for content that promotes hate speech against individuals or groups, or content that defames, libels, or slanders others.”
[email protected]