Pupil Barrister

Tag: offence (Page 3 of 4)

Twitter Asbos would squeeze freedom of expression without curbing anti-Semitic hatred

First published in the International Business Times.
Last week, the Community Security Trust, a charity that records attacks and harassment against Jews living in the UK, recorded 1,168 anti-Semitic incidents in 2014 — double the figure reported in the previous year.
On Monday, a group of British MPs published a report noting that whenever there is heightened conflict in the Middle-East, the rate of crime against Jews in the UK increases. The All-Party Parliamentary Group Against Antisemitism (APPGAA) also noted that the problem “continues to emanate from Islamist extremists, far-left and far-right groups” and made a number of recommendations to government, the police and the media to combat the issue.
The APPGAA report singles out social media as “a breeding ground for serious discriminatory and racist content” and recommends that the Crown Prosecution Service explores the use of prevention orders in cases where someone has been prosecuted for cyber-hate. Offenders would have their devices confiscated and be banned from using social media. The newspapers have labelled this idea ‘Twitter ASBOs’. Continue reading

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.

Defending offensive and erotic literature in The Bookseller

Last week The Bookseller reported on a furore in the world of e-Book publishing. Erotic self-published novels appeared next to children’s literature in the WH Smith online store, which is powered by Kobo.
This looks to me like a technical mistake, but the occurence provoked outrage. The store was taken offline for a while and many books were removed from sale. I spoke to The Bookseller about the controversy: Continue reading

Another Misguided Facebook Conviction

Another person has received a criminal conviction for something they posted on a social media site. Matthew Woods received a 12 week prison sentence for posting a message about missing schoolgirl April Jones on his Facebook page.  At 20 years old, Woods sits in the same young and foolish male demographic as Azhar Ahmed, @Rileyy_69 and Leo Traynor’s troll.
The media have refrained from reporting Wood’s comments. This is a good thing. The joke assumes the guilt of the person accused of April Jones’ murder, so reporting it would prejudice a trial.  Media restraint also minimises any distress to April’s family, and denies the attention-seeker further opportunities to provoke.
However… The only reason this Woods has received any attention in the first place was because he has been hauled before a magistrate! Had he not been arrested and charged, the comment would have been lost in the obscurity of his Facebook timeline after a couple of days. The comment obviously violates Facebook Terms & Conditions, so he might have been banned from using the site. We might describe that as a contractual matter, not criminal. And he might have lost a lot of friends (both in the real sense and the Facebook sense). But this is a social sanction, not criminal. Continue reading

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