For the Twitterati - David Guyatt - 20-06-2013
I'm really unsure which folder this post properly belongs, so by default it is here.
From Guido Fawkes:
Quote:
The CPS have released their guidelines on what you can and cannot say on Twitter before getting a knock on the door from the cops. On the banned list are:
- Communications which may constitute credible threats of violence to the person or damage to property.
- Communications which specifically target an individual or individuals and which may constitute harassment or stalking within the meaning of the Protection from Harassment Act 1997.
- Communications which may amount to a breach of a court order. This can include offences under the Contempt of Court Act 1981, section 5 of the Sexual Offences (Amendment) Act 1992, breaches of a restraining order or breaches of bail. Cases where there has been an offence alleged to have been committed under the Contempt of Court Act 1981 or section 5 of the Sexual Offences (Amendment) Act 1992 should be referred to the Attorney General and via the Principal Legal Advisor's team where necessary.
- Communications which do not fall into any of the categories above and fall to be considered separately (see below): i.e. those which may be considered grossly offensive, indecent, obscene or false.
And crucially:
Against that background, prosecutors should only proceed with cases under section 1 of the Malicious Communications Act 1988 and section 127 of the Communications Act 2003 where they are satisfied there is sufficient evidence that the communication in question is more than:
Offensive, shocking or disturbing; or
Satirical, iconoclastic or rude comment; or
The expression of unpopular or unfashionable opinion about serious or trivial matters, or banter or humour, even if distasteful to some or painful to those subjected to it.
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