A couple of cases have arisen in the UK over the past few weeks that raise interesting questions over free speech and the ‘new’ media. These cases both relate to the use of Twitter.
In January, accountant Phil Chambers was arrested and prosecuted for tweeting the following :
“Crap! Robin Hood airport is closed. You’ve got a week and a bit to get your shit together otherwise I’m blowing the airport sky high!!
(This was in response to the airport (Doncaster) being closed due to snow on the runways.)
Chambers argued in court that he was obviously joking and it was clear that his message was not a serious threat. The court disagreed and he was convicted of ‘menace’ and fined £1000.
He appealed and the result was not what he hoped for. The Judge said the tweet contained clear menace and ordered him to pay another £2000 in court costs.
Read the full story here
This week a Conservative Councillor was arrested after tweeting
“Can someone please stone Yasmin Alibhai-Brown to death? I shan’t tell Amnesty if you don’t. It would be a blessing, really.”
(Yasmin Alibhai-Brown is a journalist and human rights campaigner and the tweet was in response to her comments on a radio breakfast show).
Read the full story here
Now, clearly both these tweets were crass, stupid and, in the second case, offensive. That is not the point, however. I think it is quite clear in both cases that they were not serious. Someone planning to blow-up an airport is hardly likely to tweet his intentions, and the context of the ‘stoning’ tweet makes it clear that it is a (bad) attempt at humour rather than a serious incitement to violence. I find myself concerned that there is widespread acceptance that both were criminal offences – very few people have stuck their necks out to defend the principle of free speech in either case and people have been queuing up to condemn in both cases.
If either comment had been made by a comic during a show then would there have been any prosecution? I think not. The argument would probably be that the context made it quite clear that these were jokes and not serious threats/incitement . The question therefore arises – at what point does a joke, over twitter or email or any other medium, become unacceptable and liable to criminal action?
My personal opinion is that the law has got this wrong. Once comments obviously intended humorously are forbidden then we really are in dangerous territory.
Let me be quite clear – incitement to violence/murder is most certainly NOT permissable under the principle of freedom of expression, and neither are genuine threats of violence. It seems to me, however, that both of these cases require a perversely literal interpretation to arrive at any genuine threat/incitement, when it is obvious from the context in both cases that neither was meant literally. If a literal reading of text is established as being the intended meaning then what happens to metaphor? Am I to be prosecuted when, as I have, I mutter something about ‘killing that damn student’, after a particularly hairy lecture?
Surely we are sophisticated enough to be able to tell when a threat or incitement is not to be taken literally? Nobody I know would read either of these in that way and I submit that it would require a particularly perverse or naive person to do so. UK law is shot through with references to ‘reasonable’. We talk about what a ‘reasonable person’ would do, what force can be ‘reasonably’ exercised in self-defence etc. These two cases seem to me to be entirely unreasonable and, because of that, very dangerous.
Postscript – Stephen Fry has offered to pay Chambers’ costs in full and a campaign is now in full swing by twitter users who are now reposting Chambers’ tweet as a protest. Read More Here
This issue is likely to run and run methinks….