‘Neknominate’ is a new internet craze thought to have been born in Australia, where the aim of the game is to complete a drinking dare - ‘Neck’ - and then nominate someone to do the same. Participants
‘Neknominate’ is a new internet craze thought to have been born in Australia, where the aim of the game is to complete a drinking dare - ‘Neck’ - and then nominate someone to do the same. Participants then post a video of their challenge on social media sights such as Facebook and Twitter. The concept has gone viral in the UK, particularly amongst friendship groups, sports clubs and Universities where the added peer pressure element has led to more dangerous and outlandish drinking stunts being performed.
Sadly there were reports of two deaths over the weekend of two young men in Ireland, in unconnected incidents, where both were suspected of participating in neknominate challenges. It appears to be only a matter of time before further deaths or serious incidents are associated with this process, raising the question of what can be done about it and are there any consequences for participants and platforms that facilitate it.
Social media sites have user codes that contain broad provisions prohibiting the bullying, harassment or intimidation of fellow users, however it is questionable whether those involved in this "game" would fall into this criteria and/or ever complain. In terms of the sites themselves, most social media platforms generally rely on the exemption under Art. 14 of the E-Commerce Directive, the "hosting" exemption, where simply, you're not liable for content you didn't know about and acted quickly to remove once put on notice.
Social media sites also need to remember the public backlash against ASK.fm, where between 2012 and 2014, the site became associated with cyberbullying, leading to The Sun Newspaper, BT and Specsavers severing links, demonstrating that regardless of the legal implications, the publicity alone could cause significant brand damage.
From a different perspective, if the videos of these nominations are in placed in the public domain and the participant was a regulated professional, could this call into question their fitness to practise? The most recent high profile participant was Judge Watters, a District Judge in Norther Ireland, who posted a 15 second video of her downing a shot. After the video emerged yesterday, the office of the Lord Chief Justice of Northern Ireland issued this statement: "The video was taken at a family event. Judge Watters recognises her foolish behaviour and would discourage anyone else from repeating what she did." The same principle could apply to employers and universities with concerns that a neknominate challenge may bring the organisation into disrepute, with disciplinary action being a potential consequence.
Sports and social clubs, who have a club Facebook page or Twitter account, may wish to monitor the content and develop or extend their existing social media policy to specifically address this issue. This is particularly significant where there are minors who are members with access to club pages – a failure to do this may expose the organisation to a potential breach of safeguarding requirements. In addition, a club that 'promotes' binge drinking is highly likely to cause concern to governing bodies. The potential implications if an adverse incident were to occur could, amongst other things, could lead to a multiple investigations and a loss of funding from advertisers, governing bodies or Sport England.
In addition, if there are fatalities in the UK, such nominations or challenges may fall to be considered in the Coroners Court. The Coroner's primary function is usually limited to establishing, the identity of the deceased, when, where and how death occurred and whether it is necessary to make any recommendations for action to prevent future deaths. Therefore it is easy to foresee that where an individual's judgement has been impaired through the excessive consumption of alcohol and/or they have taken part in a dangerous stunt due to peer pressure, this may be deemed a contributing factor to the cause of death.
The new Coronial Rules and Regulations 2013 provide that where anything is revealed by a coroner's investigation into a person's death that gives rise to a concern that circumstances creating a risk other deaths will occur or will continue to exist in the future, and, in the coroner's opinion, action should be taken to prevent the occurrence or continuation of such circumstances, the coroner must report the matter to a person who the coroner believes may have power to take such action.
The question that remains is is this more of a symptom of a wider culture that would be better addressed through awareness and education than bans and legislation or do we need to act now to prevent future fatalities?
Sadly there were reports of two deaths over the weekend of two young men in Ireland, in unconnected incidents, where both were suspected of participating in neknominate challenges. It appears to be only a matter of time before further deaths or serious incidents are associated with this process, raising the question of what can be done about it and are there any consequences for participants and platforms that facilitate it.
Social media sites have user codes that contain broad provisions prohibiting the bullying, harassment or intimidation of fellow users, however it is questionable whether those involved in this "game" would fall into this criteria and/or ever complain. In terms of the sites themselves, most social media platforms generally rely on the exemption under Art. 14 of the E-Commerce Directive, the "hosting" exemption, where simply, you're not liable for content you didn't know about and acted quickly to remove once put on notice.
Social media sites also need to remember the public backlash against ASK.fm, where between 2012 and 2014, the site became associated with cyberbullying, leading to The Sun Newspaper, BT and Specsavers severing links, demonstrating that regardless of the legal implications, the publicity alone could cause significant brand damage.
From a different perspective, if the videos of these nominations are in placed in the public domain and the participant was a regulated professional, could this call into question their fitness to practise? The most recent high profile participant was Judge Watters, a District Judge in Norther Ireland, who posted a 15 second video of her downing a shot. After the video emerged yesterday, the office of the Lord Chief Justice of Northern Ireland issued this statement: "The video was taken at a family event. Judge Watters recognises her foolish behaviour and would discourage anyone else from repeating what she did." The same principle could apply to employers and universities with concerns that a neknominate challenge may bring the organisation into disrepute, with disciplinary action being a potential consequence.
Sports and social clubs, who have a club Facebook page or Twitter account, may wish to monitor the content and develop or extend their existing social media policy to specifically address this issue. This is particularly significant where there are minors who are members with access to club pages – a failure to do this may expose the organisation to a potential breach of safeguarding requirements. In addition, a club that 'promotes' binge drinking is highly likely to cause concern to governing bodies. The potential implications if an adverse incident were to occur could, amongst other things, could lead to a multiple investigations and a loss of funding from advertisers, governing bodies or Sport England.
In addition, if there are fatalities in the UK, such nominations or challenges may fall to be considered in the Coroners Court. The Coroner's primary function is usually limited to establishing, the identity of the deceased, when, where and how death occurred and whether it is necessary to make any recommendations for action to prevent future deaths. Therefore it is easy to foresee that where an individual's judgement has been impaired through the excessive consumption of alcohol and/or they have taken part in a dangerous stunt due to peer pressure, this may be deemed a contributing factor to the cause of death.
The new Coronial Rules and Regulations 2013 provide that where anything is revealed by a coroner's investigation into a person's death that gives rise to a concern that circumstances creating a risk other deaths will occur or will continue to exist in the future, and, in the coroner's opinion, action should be taken to prevent the occurrence or continuation of such circumstances, the coroner must report the matter to a person who the coroner believes may have power to take such action.
The question that remains is is this more of a symptom of a wider culture that would be better addressed through awareness and education than bans and legislation or do we need to act now to prevent future fatalities?