Social Media and its Influences on Legal Activism: Transforming Justice in the Digital Age
Revolutions and protests have been part of history since the beginning. The history of activism is rooted in fighting oppression and injustices. The storming of Bastille, the Stonewall Riots and the Tiananmen Square protests are just a few examples of activism throughout history.[1] In the 21st century characterised by the proliferation of Social Media giants like TikTok and Instagram, activism or legal activism has taken a new form. In light of recent movements such as the #MeToo movement and #BlackLivesMatter, social media has become an integral tool in the fight for justice and giving platforms to important movements. This article explores the shift of legal activism towards online platforms and how it shapes public opinion, challenges the legal status quo and mobilises international support.
Unlike judicial activism, legal activism is defined as a broad term that involves fighting for the rights of specific individuals or groups. This includes lobbying for policy changes, demonstrations or even direct assistance to affected individuals.[2] Legal activism has, in recent years, shifted towards social media platforms such as TikTok where individuals can post short clips expressing their opinion or even criticise judicial decisions. This has allowed social media platforms to become a platform where legal discourse, political engagement and activism can occur.[3]
Photo credit: Freepik
An example that ignited the fire of legal activism via social media is the #MeToo movement. A movement created by activist Tarana Burke by using the phrase “MeToo” to foster empowerment for survivors of sexual violence. Survivors of sexual violence were able to share their experiences and bypass possible media censorship to create a global conversation on the inadequacies of the current ways sexual violence was addressed. In the US, the #MeToo movement reached politicians in the government and revealed an incomprehensible system for harassment complaints in Congress.[4] It is further argued that the US Courts were too lenient in what qualified as "reasonable measures” against harassment in the workplace.[5] In the US, the legal impact of the #MeToo movement can be seen in the Supreme Court decision of United Management Co v Mendel-Sohn, where the Court instructed trial courts to make case-by-case determinations, considering the relevance of MeToo evidence.[6] In the UK, the impact of the #MeToo movement was evident in public consultations launched to enable collection of data and evidence on sexual harassment in the workplace and to find out how to best support individuals who have experienced harassment, acknowledging that a shift in workplace culture was necessary. This builds on the Work Protection Bill that introduced a mandatory duty on employers to take all reasonable steps to prevent sexual harassment at work. It represented the first legislative change on sexual harassment since the #MeToo movement.[7] The #MeToo movement went beyond national boundaries and fanned the flames of a global movement that encouraged crucial conversation on sexual violence. Social media enabled the voices of victims to be heard at an international level
Photo credit: Vlad Tchompalov
Social media has contributed significantly to shaping public opinion. The influence of social media has expanded beyond the realm of the internet. In the 2019 Hong Kong Protests, social media was used as a by protestors to amplify their cause. This allowed mainstream media to accept their message and deliver it directly to international media.[8]
This can also be seen in the #BlackLivesMatter movement which began after George Floyd’s death. Videos of police misconduct and brutality leading up to his death were shared across all social medial platforms which sparked the biggest racial justice protests in the US since the Civil Rights Movement.[9] Social media connected countries across the globe which enabled some of the largest Black Lives Matter protests inspired by the video of Floyd’s death. It brought forward issues of police brutality and systemic racism highlighted using various social media platforms. In response to calls for reform, US cities like Los Angeles pledged to cut police budgets to reinvest into community programmes.[10] In the UK, while the police tended to distance themselves from American police brutality, the #BlackLivesMatter nevertheless impacted discourse on racial inequality and police practices.[11] Social media made possible crucial conversation on the need for reform in how law enforcement interacts with marginalised communities. It has played a pivotal role in challenging the status quo to call for greater accountability from law enforcement.
Social media has proven to be capable in organising legal activism. It has allowed the public to launch petitions or protests to influence legal outcome. Further, social media has allowed for the ease of communication on a global scale. It has narrowed the gap between large-scale movements and law makers, making it easier to bring attention to legal issues. The #FreeBritney movement challenged legal systems and rallied support for Britney Spears in her legal battle. While the impact of social media in this movement is difficult to quantify, it was arguably a landmark victory for digital advocacy and legal activism through social media.[12] This movement stressed the power of online mobilisation in effecting legal and social change.
While social media has transformed legal activism, it has also contributed to the rampant spread of misinformation and disinformation[13]. The sheer reach of social media is often a double-edged sword. The rapid spread of misinformation can lead to instances where public opinion is shaped by false or incoherent narratives that can cause serious harm.[14] For instance, during the COVID-19 pandemic, social media was used as a tool to spread harmful narratives about Chinese people which led to the increase in hate crimes in London.[15] The January 6 Capitol Riots in the US is also another example of misinformation which spread that the general election was rigged that led to Trump’s loss. Rioters stormed the US Capitol and resulted in injured law enforcement and numerous injuries.[16] Legal systems still struggle to keep pace the rapidly evolving digital age. The legal framework, designed for the pre-social media age is inadequate to combat the volatility of online misinformation. With the rise of artificial intelligence (AI) technology, legal systems need to rapidly adapt to safeguard the public interests.
As technology and social media continues to evolve, so will legal activism. Social media platforms would play an even greater role in disseminating information on legal processes, acting as a bridge between the public and how to navigate the judicial system. Social media platforms should therefore implement stronger safeguards to combat misinformation and enact protection for individuals. Social media has revolutionised legal activism by providing platforms for marginalised individuals, shaping public opinion and challenging current legal norms. It will continue playing a role in driving change. Consequently, public and activists should continue to remain analytical when presented with information on digital platforms. Social media has shown its ability to empower some of the greatest social movements in history, but it should be used carefully to avoid the complicating the very landscape it seeks to improve.
BIBLIOGRAPHY
[1] Hayward N, ‘A Short History of Activism’ (National Women’s History Museum, 2018) <https://www.womenshistory.org/resources/general/short-history-activism> accessed 2 December 2024
[2] Council of Europe, ‘Human Rights Activism and the Role of NGOs - Manual for Human Rights Education with Young People ’ (Manual for Human Rights Education with Young people, 7 October 2023) <https://www.coe.int/en/web/compass/human-rights-activism-and-the-role-of-ngos#:~:text=Human%20Rights%20Activism%20and%20the%20Role%20of,changes%20to%20national%2C%20regional%20or%20international%20law.> accessed 2 December 2024
[3] Haslem B, ‘Tiktok as a Digital Activism Space: Social Justice under Algorithmic Control’ (dissertation, Faculty of Old Dominion University 2011) 1
[4] Bade R and Schor E, ‘Capitol Hill’s Sexual Harassment Policy “Toothless,” “a Joke” - Politico’ (Politico, 2017) <https://www.politico.com/story/2017/10/27/capitol-hill-sexual-harassment-policies-victims-244224> accessed 2 December 2024
[5] Susan Bisom-Rapp, ‘Fixing Watches with Sledgehammers: The Questionable Embrace of Employee Sexual Harassment Assessment Training by the Legal Profession’ (2001) 24 University of Arkansas at Little Rock Law Review
[6] Elizabeth C. Tippett, ‘The Legal Implications of the MeToo Movement’ (2018) University of Minnesota Law Review 259
[7] Rights of Women, ‘Save Legislation Preventing Sexual Harassment at Work’ (Rights of Women, 19 December 2023) <https://www.rightsofwomen.org.uk/save-legislation-preventing-sexual-harassment-at-work/> accessed 2 December 2024
[8] Global Storytelling, ‘Hong Kong Unraveled: Social Media and the 2019 Protest Movement’ (2021) 1 Global Storytelling: Journal of Digital and Moving Images
[9] Silverstein J, ‘The Global Impact of George Floyd: How Black Lives Matter Protests Shaped Movements around the World’ (CBS News, 2021) <https://www.cbsnews.com/news/george-floyd-black-lives-matter-impact/> accessed 2 December 2024
[10] Subramanian R and Arzy L, ‘State Policing Reforms since George Floyd’s Murder’ (Brennan Center for Justice, 14 May 2021) <https://www.brennancenter.org/our-work/research-reports/state-policing-reforms-george-floyds-murder> accessed 2 December 2024
[11] Dodd V and Mohdin A, ‘George Floyd Case Reignites Calls to Tackle Racial Injustice in UK Policing’ (The Guardian, 21 April 2021) <https://www.theguardian.com/uk-news/2021/apr/21/george-floyd-case-reignites-calls-to-tackle-racial-injustice-in-uk-policing> accessed 2 December 2024
[12] Kayata E, ‘#FreeBritney Movement Is Proof Social Media Can Help Shift the Narrative, New Northeastern Research Finds’ (Northeastern Global News, 30 January 2024) <https://news.northeastern.edu/2024/01/10/britney-spears-media-storytelling/> accessed 2 December 2024
[13] false information intended to mislead people
[14] Adams Z and others, ‘(Why) Is Misinformation a Problem?’ (2023) 18 Perspectives on Psychological Science 1436
[15] Gray C and Hansen K, ‘Did Covid-19 Lead to an Increase in Hate Crimes toward Chinese People in London?’ (2021) 37 Journal of Contemporary Criminal Justice 569
[16] Duignan B, ‘January 6 U.S. Capitol Attack’ (Encyclopædia Britannica, 22 November 2024) <https://www.britannica.com/event/January-6-U-S-Capitol-attack> accessed 2 December 2024
