Let's be fair, we now have legal precedent for locking people up for "use of language knowing it could cause offence"...
It's a lot nearer the truth now that it was a week since.
""use of language knowing it could cause offence"...
..."whilst using a form of communication that has laws against such things"...
...Just like it was back in the day for radio. Ham, CB, for example.
It's nothing new.
Edit:
If he shouted out his tripe in the local pub no arrest would be made, other than those who punched his lights out for saying it.
(1)A person is guilty of an offence if he
(a)uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2)An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3)It is a defence for the accused to prove
(a)that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b)that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c)that his conduct was reasonable.
(4)A constable may arrest a person without warrant if
(a)he engages in offensive conduct which [F2a] constable warns him to stop, and
(b)he engages in further offensive conduct immediately or shortly after the warning.
(5)In subsection (4) offensive conduct means conduct the constable reasonably suspects to constitute an offence under this section, and the conduct mentioned in paragraph (a) and the further conduct need not be of the same nature.
(6)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Freedom of speech still exists, pro-active censorship is not all that common.EncyclopediaSo freedom of speech is a thing of the past in England then?
(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2)An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
By "displays any writing" does that mean you could be arrested for wearing a t-shirt that has a rude word on it? Or a tattoo? Someone could find that insulting, so could they be arrested for it? I know i'm over exaggerating but just seems the way its worded you could get away with arresting people for stuff like that if they wanted too.
Let's be fair, we now have legal precedent for locking people up for "use of language knowing it could cause offence"...
It's a lot nearer the truth now that it was a week since.
I'll refer you to Section 5 of the Public Order Act:
You bet it applies if he'd said it in a pub.
http://www.walesonline.co.uk/news/wales-news/2011/09/25/mum-of-four-is-a-night-time-online-troll-hunter-91466-29482487/2/Colm Cross, 36, was given 18 weeks in jail for trolling on tribute pages dedicated to the late Big Brother star Jade Goody, who died in March 2009 from cancer. Cross, of Manchester, boasted of imaginary acts of necrophilia, a sexual attraction to corpses. The prosecutor at his trial said: He found the comments amusing. He said they gave him no sexual arousal but he enjoyed the comments made in reaction.
http://www.charlesrussell.co.uk/UserFiles/file/pdf/Media%20&%20Entertainment/Troll.pdfThe criminal law has caught up with so-called internet trolling, and most recently resulted in Sean Duffy, 25, being jailed for 18 weeks for abusive internet activities.
Duffy wrote abusive messages on Facebook tribute pages set up for teenagers who had died, and even uploaded videos to YouTube deriding the dead individuals and their families.
http://www.charlesrussell.co.uk/UserFiles/file/pdf/Media%20&%20Entertainment/Troll.pdfThe Malicious Communications Act 1988, s. 1 provides that:
(1) Any person who sends to another person
(a) a letter, electronic communication or article of any description which conveys
(i) a message which is indecent or grossly offensive; (ii) a threat; or (iii) information which is false and known or believed to be false by the sender; or
(b) any article or electronic communication which is, in whole or part, of an indecent
or grossly offensive nature,
is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should cause distress or anxiety to the recipient.
I knew that would come back and bite me as soon as I edited my post.
The precedent has already been set years ago, it's nothing new:
Colm Cross
http://www.walesonline.co.uk/news/wales-news/2011/09/25/mum-of-four-is-a-night-time-online-troll-hunter-91466-29482487/2/
Sean Duffy
http://www.charlesrussell.co.uk/UserFiles/file/pdf/Media%20&%20Entertainment/Troll.pdf
I don't have a problem with him going down for the maximum. It's about time some people understood that abusive and highly offensive comments directed at individuals just isn't acceptable. It's a shame there's only enough resourses to deal with the high profile cases.
The question is... why? Why is something you think is not acceptable should be criminal? Why do we need laws that say if you cause offence with anything you say/write/type you go to gaol?
The nob who retold a joke he read on Sickipedia didn't aim abuse at anyone. He told a joke. It wasn't a very good one and it upset some people. Why is it a criminal offence? It's a dumb guy being dumb - and he realised the dumb two days before he was arrested and charged, without any need for him to be arrested, charged and sent to gaol. Society had already succeeded in correcting the error!
Incidentally I'm sure you're aware that, as someone who values public freedom of speech and expression, I find the concept of criminalising and imprisoning individuals for saying/writing/typing certain things to be grossly offensive. If you are aware of that, saying you support it is committing the same crime Matthew Wood committed, according to legislation...
Why? Because it's wrong. Why is it wrong? In the cases I highlighted the intention of their postings was to cause distress, harm, offend their pre-targeted victims by posting malicious content in order to get off on self gratification at the expense of their victims. Nothing else, there's no opinion, no political statement, no point of view. What they post towards their intended target is just random words which they know will cause maximum distress for their own enjoyment.
Why is racial abuse a criminal offence?
The "nob" was, I admit, unlucky in terms of his sentence. He decided to post offensive material right at the time society was in shock with the news of a missing child, a child that had been taken. now presumed dead.
My support is offensive to you and I'm commiting the same crime? Answer: Intention.
To understand why he was sent down, you also need to understand why a young woman of previous good character was sent down for 6 months for the theft of chewing gum during the London riots.
SphinxTo understand why he was sent down, you also need to understand why a young woman of previous good character was sent down for 6 months for the theft of chewing gum during the London riots.
.
Well then. Sir James Savile. Who'd have thought it?
TheCrackerEveryone who's ever seen him?
I've met him before, when i was at school. He never fondled me inappropriately
As it happens, I read Private Eye and in the latest issue there are jokes that explicitly name that French teacher who abducted his pupil and took her to France. Why is that allowed/permitted?
LiquidIt's astounding how this is only now coming to light now he's cold in the ground. Although I read that the BBC gagged/ignored anybody who tried to go public with claims.