Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

muriel_volestrangler

(101,316 posts)
Sun Apr 15, 2012, 08:58 AM Apr 2012

Guilty for swearing at a councillor on Twitter; prosecution seeks 6 months in jail

Tweeter harassed and prosecuted for swearing

A blogger and tweeter – Olly Cromwell – was found guilty on Friday, 13th April, simply for swearing at a Bexley, London, councillor in a Twitter message.

The prosecution alleged he called a senior Bexley councillor a ‘cunt’ and are seeking a custodial sentence of 45 days for each letter of the word.

Cromwell was found guilty of a Section 127 offence under the Communications Act 2003 and will be back at court on 9th May for sentencing. He says he will appeal against the ruling after the sentencing.

Even more worryingly, Cromwell was issued with a restraining order at his pre-trial hearing on the 21st December 2011 before being found guilty of any crime. He was charged with ‘grossly offensive malicious communications’ for sending two tweets on the day.
...
http://liberalconspiracy.org/2012/04/15/tweeter-harassed-and-prosecuted-for-swearing/


Section 127:

127Improper use of public electronic communications network

(1)A person is guilty of an offence if he—

(a)sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

(b)causes any such message or matter to be so sent.

(2)A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

(a)sends by means of a public electronic communications network, a message that he knows to be false,

(b)causes such a message to be sent; or

(c)persistently makes use of a public electronic communications network.

(3)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(4)Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

http://www.legislation.gov.uk/ukpga/2003/21/section/127


So it's OK to call someone the 'C' word on radio or TV, but not Twitter. This may well apply to us on DU, and certainly would on any British-based internet forum; call, say, Nick Griffin the 'C' word and you could be imprisoned.

And let's see how subsection 2 can be interpreted: if you "persistently make use of a public electronic communications network" to "cause annoyance, inconvenience or needless anxiety to another", you could face a sentence of 6 months in prison. So, say you want to annoy a politician by bringing up their past record while telling the truth (because there's that 'or' in part (b)), you could be guilty if you do it too much. All they need to show is that you did it to annoy them, or cause them inconvenience (and it can be very inconvenient for a dodgy past to be brought up).

This bit of law is crazy.
5 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Guilty for swearing at a councillor on Twitter; prosecution seeks 6 months in jail (Original Post) muriel_volestrangler Apr 2012 OP
These kinds of examples of idiocy pipoman Apr 2012 #1
While I don't like the word, a prison sentence for swearing is SERIOUSLY over-the-top LeftishBrit Apr 2012 #2
I very much doubt that DU would be comply with a UK request for details on such a trivial matter fedsron2us Apr 2012 #3
This is pure crap. oldironside Apr 2012 #4
What is freightning, pipoman Apr 2012 #5
 

pipoman

(16,038 posts)
1. These kinds of examples of idiocy
Sun Apr 15, 2012, 09:15 AM
Apr 2012

are exactly why it amazes me when DUers hold up the UK and their laws as a model for US reform. The UK is turning into a police state in the name of civility..

LeftishBrit

(41,205 posts)
2. While I don't like the word, a prison sentence for swearing is SERIOUSLY over-the-top
Sun Apr 15, 2012, 02:22 PM
Apr 2012

whether it occurred orally, in writing, on the radio, or on Twitter!

fedsron2us

(2,863 posts)
3. I very much doubt that DU would be comply with a UK request for details on such a trivial matter
Sun Apr 15, 2012, 03:48 PM
Apr 2012

Last edited Sun Apr 15, 2012, 04:37 PM - Edit history (2)

particularly as this is probably not an offence in the US where political language is more robust

If this abuse had been hurled in the Councillors face on the pavement in the UK it would have come under Section 5 of the Public Order Act where the maximum sentence would have been a fine of £1000. So now we have the ludicrous situation where 'crimes' committed on Twitter carry a higher sentence tariff than those carried out on the street. The net result will eventually be that people will simply thump their local Councillors rather than writing abuse about them on their blogs since it will probably carry a lesser sentence. Of course the top tip is to avoid Twitter which undoubtedly is going to see its business implode in the UK if this sort of thing carries on . All experienced trolls and libellors will almost certainly already be hiding behind proxies and VPNs In this case the Council and Councillors have not not invoked the libel law with regard to the claims about corruption and criminality in Bexley council posted on on Mr 'Cromwells' web site, a fact which some might regard as telling

There is also a serious disconnect here in the Councils behaviour. The whole point of being a Councillor is to represent your constituents. This inevitably means you are going to get a lot of communications from the public by email and other electronic means. Not all of these are going to be complimentary. If Councillors start invoking the criminal law each time a member of the public cuts up rough we may as well abolish local government in its current form, sack all the councillors and just let the unelected local government bureaucrats run the system.Ultimately the problem our politicians will have if they go down this road is that people will eventually stop simply abusing them and start thinking seriously about causing them actual physical harm I am afraid that day may not be far off now.

BTW I dont know how British politicians have the nerve to accuse other countries of abusing freedom and democracy when fascist tactics are becoming ever more common in our narrow and pinched UK democratic paradise

oldironside

(1,248 posts)
4. This is pure crap.
Sun Apr 15, 2012, 04:08 PM
Apr 2012

The right to be offensive to politicians is an essential part of British politics and the birthright of every true Brit. If a politician has shit for brains we have a right to tell him or her. If he or she is a crook it is our right to point out he or she is a money grubbing shit who would sell his or her own grandmother for a few quid or an ermine cloak. And how many politicians do you know of who deserve the C-word? William Hague leaps to mind. Our politics would be better if we adopted the standards of Hogarth's day.



Chairing the Members by William Hogarth.

 

pipoman

(16,038 posts)
5. What is freightning,
Sun Apr 15, 2012, 11:29 PM
Apr 2012

there is apparently a criminal law against non-threatening language in the UK..Some I have conversed on DU have stated that the Canadian and UK model of process for 'modernizing' their rights, as opposed to the US model of ability to change the boundaries of rights, but it isn't easy or quick..I tend to believe, given the means, government will always push the line away from basic freedoms.

Latest Discussions»Region Forums»United Kingdom»Guilty for swearing at a ...