Thursday, 9 August 2012

Communications Offences: Legal Guidance: Crown Prosecution Service

Communications Offences: Legal Guidance: The Crown Prosecution Service: "If a message sent is grossly offensive, indecent, obscene, menacing or false it is irrelevant whether it was received. The offence is one of sending, so it is committed when the sending takes place. The test for "grossly offensive" was stated by the House of Lords in DPP v Collins [2006] 1 WLR 2223 to be whether the message would cause gross offence to those to whom it relates (in that case ethnic minorities), who need not be the recipients. The case also said that it is justifiable under ECHR Article 10(2) to prosecute somebody who has used the public telecommunications system to leave racist messages." 'via Blog this
This needs re-writing in view of the Twitter joke trial Court of Appeal decision.

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