The #Sunifesto is confused about free speech

We’re 100 days out from the election, and the Sun has launched a manifesto – a #Sunifesto – for Britain.
Their last bullet point is about free speech. Incredibly, this is not about press regulation, the harmonisation of our libel laws, extremism ‘banning’ orders or police abuse of RIPA to track down whistleblowers. This is odd because The Sun is at the heart of all these issues.
Instead, it’s about the dangers of Twitter mobs.

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The paper complains about the police “wrongly” acting against those who have caused offence. “Unless it’s illegal, it’s NOT police business”.
The problem with this is that causing offence is illegal. Section 127 of the Communications Act 2003 expressly criminalises ‘grossly offensive’ messages. And of course, what constitutes gross offence is in the eye of the beholder. So the highly subjective test in the law enables and encourages abuse.
The Sun blames political correctness for this and implores us to #forgawsakegrowapair. But it’s not political correctness that causes the mischief here. The principle of free speech permits not only the right to offend, but the right to say that you have been offended, even on Twitter. For many people it takes courage to speak out and tell a powerful newspaper columnist that they’re being crass and prejudiced. For many, politically correct fury is indeed “growing a pair” (we’ll ignore the sexist overtones of that phrase for now).
Appallingly, people in the UK are given prison sentences for making tasteless comments online. The Sun claims to stand up for Free Speech, but (as is perhaps inevitable, given the name of the paper) it’s a fair weather friend. Where was the Sun when Robert Riley and Jake Newsome were jailed for unpleasant social media postings?
For social media, the free speech policy must be reform of s.127. Free speech cannot just be for the newspapers. It must be for the Tweeters, too.

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