Gross

5:52pm UK, Thursday 20 September 2012

No Charges Over Tom Daley Tweet

"A footballer will not face charges over a homophobic tweet he posted about Olympic divers Tom Daley and Peter Waterfield.

Director of Public Prosecutions Keir Starmer said Daniel Thomas's message was "not so grossly offensive that criminal charges need to be brought" - and said the divers both agreed with the decision.

He added that new guidelines for prosecutors on social media cases would also be issued, given the growing number of complaints."

http://news.sky.com/story/987387/no-charges-over-tom-daley-tweet

20/09/2012

DPP statement on Tom Daley case and social media prosecutions

"“The Communications Act 2003 makes it an offence to send a communication using a public electronic communications network if that communication is “grossly offensive”. It is now established that posting comments via Twitter constitutes sending a message by means of a public electronic communications network. It is also clear that the offence is committed once the message is sent, irrespective of whether it is received by any intended recipient or anyone else. The question in this case is therefore whether the message posted by Mr Thomas is so grossly offensive as to be criminal and, if so, whether a prosecution is required in the public interest.

“There is no doubt that the message posted by Mr Thomas was offensive and would be regarded as such by reasonable members of society. But the question for the CPS is not whether it was offensive, but whether it was so grossly offensive that criminal charges should be brought. The distinction is an important one and not easily made. Context and circumstances are highly relevant and as the European Court of Human Rights observed in the case of Handyside v UK (1976), the right to freedom of expression includes the right to say things or express opinions “…that offend, shock or disturb the state or any sector of the population”."

http://blog.cps.gov.uk/2012/09/dpp-statement-on-tom-daley-case-and-social-media-prosecutions.html