Admin4 Posted December 4, 2014 Share Posted December 4, 2014 Prosecutors have set out new guidelines on whether messages posted on social media should be treated as a crime. Lord Advocate Frank Mulholland said the test was simple: "If it would be illegal to say it on the street, it is illegal to say it online." The Crown Office said it would not pursue satirical or mildly offensive humour or provocative statements. But it promised a "robust" response to hate crime, stalking or credible threats of violence The Crown Office and Procurator Fiscal Service has previously sought clarity on where the legal boundary lies in such matters. The guidelines state that communications should be considered for prosecution if they: specifically target an individual or group which are considered to be hate crime, domestic abuse, or stalking constitute credible threats of violence to the person, damage to property or to incite public disorder may amount to a breach of a court order or contravene legislation making it a criminal offence to release or publish information relating to proceedings do not fall into the above categories but are nonetheless considered to be grossly offensive, indecent or obscene or involve the communication of false information about an individual or group which results in adverse consequences The Lord Advocate said the aim was not to deny freedom of speech, but the law would target internet trolls posting sectarian, homophobic or violent messages or pictures. In an interview with the BBC's Good Morning Scotland programme, the Lord Advocate was asked how "grossly offensive" could be defined when it could be seen as relative. He replied: "The guidance sets out that it would not include, for example, humour, satirical comment, which is part of the democratic debate, so there's guidance to prosecutors as to what's not included. "It doesn't include offensive comment because we recognise that, in a democratic society, with use of social media you can have offensive comment which wouldn't be criminal but it's really the category above the high bar grossly offensive which has a significant effect on the recipient of the comment. "We've all seen on the media reports of what you described, internet trolls, where this kind of comment, grossly offensive comment, is sent out to directly wound and has quite a significant effect." He added: "There's very detailed guidance of all the factors that prosecutors will take into account when they assess whether or not to raise criminal proceedings in relation to grossly offensive comments posted on social media." http://www.bbc.co.uk/news/uk-scotland-30309411 Quote Link to comment Share on other sites More sharing options...
peever1745 Posted December 4, 2014 Share Posted December 4, 2014 Aye but you can throw sectarian abuse at each other without it being a crime.All with the backing of Scottish Labour. Quote Link to comment Share on other sites More sharing options...
Kirk Posted December 4, 2014 Share Posted December 4, 2014 Its getting a bit mental. What happened to freedom of speech. Things you could say with friends could easily be taken the wrong way Quote Link to comment Share on other sites More sharing options...
Charlie Endell Posted December 5, 2014 Share Posted December 5, 2014 Aye but you can throw sectarian abuse at each other without it being a crime.All with the backing of Scottish Labour. You're opposed to dishing out sectarian abuse? Quote Link to comment Share on other sites More sharing options...
peever1745 Posted December 5, 2014 Share Posted December 5, 2014 You're opposed to dishing out sectarian abuse? yes but the authorities seem not to be. Quote Link to comment Share on other sites More sharing options...
Charlie Endell Posted December 5, 2014 Share Posted December 5, 2014 yes but the authorities seem not to be.Hmmm. Quote Link to comment Share on other sites More sharing options...
Lamia Posted December 5, 2014 Share Posted December 5, 2014 Its getting a bit mental. What happened to freedom of speech. Did you not read the first post? Quote Link to comment Share on other sites More sharing options...
Ally Bongo Posted December 5, 2014 Share Posted December 5, 2014 This is simply to distract people from facesitting being banned Quote Link to comment Share on other sites More sharing options...
Kirk Posted December 6, 2014 Share Posted December 6, 2014 Did you not read the first post? Yea but its so vague, considered to be offensive by who? Some stuff will offend some and not others. Quote Link to comment Share on other sites More sharing options...
Bino's Posted December 6, 2014 Share Posted December 6, 2014 Frankie Boyle should be lifted at every gig now then Quote Link to comment Share on other sites More sharing options...
Lamia Posted December 6, 2014 Share Posted December 6, 2014 Yea but its so vague, considered to be offensive by who? Some stuff will offend some and not others. So you think people should be allowed to say anything they want? Quote Link to comment Share on other sites More sharing options...
jock strap Posted December 6, 2014 Share Posted December 6, 2014 Frankie Boyle should be lifted at every gig now then Why ? Does he post on the TAMB? Bet he's that Flora Quote Link to comment Share on other sites More sharing options...
jock strap Posted December 6, 2014 Share Posted December 6, 2014 So you think people should be allowed to say anything they want? Im only allowed to say what Mrs Strap wants me to say. Quote Link to comment Share on other sites More sharing options...
andymac Posted December 6, 2014 Share Posted December 6, 2014 So you think people should be allowed to say anything they want? Yes, as long as it does not threaten or incite violence. I have no right to tell other people how to think or what they can say. Who draws the line? Quote Link to comment Share on other sites More sharing options...
phart Posted December 6, 2014 Share Posted December 6, 2014 (edited) So you think people should be allowed to say anything they want? Pretty much, within the broad precepts of "The Harm Principle". Especially the first axiom, the 2nd one is a bit too open for me. Edited December 6, 2014 by phart Quote Link to comment Share on other sites More sharing options...
Charlie Endell Posted December 6, 2014 Share Posted December 6, 2014 Why ? Does he post on the TAMB? Bet he's that Flora Quote Link to comment Share on other sites More sharing options...
Kirk Posted December 7, 2014 Share Posted December 7, 2014 So you think people should be allowed to say anything they want? As others have said who draws the line? Racism etc is a no no but if I say I'd love the queen to dir, that could be taken as a threat by some when it isn't. Better go polis at the door. Quote Link to comment Share on other sites More sharing options...
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