First published at the New Statesman, so add your comments there.  I will definitely post a follow up to this as lots of people have made very pertinent points about this whole shennanigans.

Another day, another Twitter controversy. Less than a week after Paul Chambers heard that the appeal against his conviction in the so-called Twitter joke trial had been upheld, we hear that the police have arrested another person for something written on Twitter.

The person arrested is a 17-year-old, who sent messages to the British Olympic diver Tom Daley. In one tweet, the troll said “u let ur dad down” and in another (later deleted) said that Daley should be drowned. It must be assumed that it is this language of violence which led to the arrest.

When it comes to the limits of free expression, context is important. The messages were deeply unpleasant, but did not appear to include any specifics. The teenager was in Plymouth, not in the Stratford Aquatics Centre. He did not call for others to take a specific action. This appears to be the kind of outburst that is commonplace in a noisy, modern, and connected society. The referees of every professional football match receive similar threats every weekend. Edwina Currie said that tax exiles should be shot. Jeremy Clarkson wants to murder the entire public sector. We often hear calls for bankers to be hanged. Outlawing this kind of speech might seem desirable in theory, but would be chaotic in practice.

The outrage against these tweets (and by extension, a justification for the police intervention) is that Tom Daley is a national treasure. This is true, but laws cannot only protect people we like – they need to work equally well for everyone. If another, less popular, athlete receives similar abuse, will there be similar outcry?

In fact, one could argue that death threats to public figures are less important than those directed at ordinary people. If a schoolboy living in one of the East London boroughs around the Olympic park receives a tweeted death threat today, it is likely to be from someone he knows and who he actually meets every day. This kind of bullying is much more serious that the “remote” trolling experienced by members of Team GB.

Daley, meanwhile, has a legion of supporters. He seems to be perfectly capable of dealing with trolls like this without the police being involved. His response to the unpleasant tweets was classy – he re-tweeted them! The troll then received a heavy social punishment – thousands of people wrote in solidarity with Daley. His antagonist was so humiliated that he later posted some gushing apologies. The storm should have ended there. What happens on Twitter, stays on Twitter. When confronted with offensive and threatening words, it is usually better to respond in the same medium. Fight a book with a book, a play with a play, a tweet with a tweet. Police involvement might teach that troll a lesson, but it also “chills” other people’s free expression. People have a right to be angry.

In the coming days, we may hear from a few luddites (almost certainly members of one or other of the Houses of Parliament) decry Twitter and the internet as somehow inspiring this hate. This is of course rubbish. Poor taste jokes and vocalised wishes that certain public figures should die horribly have always been a feature of discourse. Before, these comments were lost in the din of a crowded pub. Now, they find a kind of semi-permanence on Twitter, which gives them a credibility they do not deserve. However we respond to this new kind of speech, let’s not confuse the medium with the message.