> FYI: you can end up in jail for posting "wrong" things on Facebook in Europe and the UK.
What do you mean? What can you currently not say in Europe and the UK without getting put in jail for it?
What do you mean? What can you currently not say in Europe and the UK without getting put in jail for it?
The Malicious Communications Act 1988 makes it illegal to send offensive communications.
I could go on...
I cannot be wantonly offensive about a minister just because I don't like them, up to including threatening behaviour.
Free speach doesn't mean no rules/consequences.
[1] https://www.legislation.gov.uk/ukpga/2023/50/section/179
That's what it covers, not a random tweet that says "I think the sky is actually green".
There are people facing genuine harassment, death threat, rape threat every day; that's what the law protects against.
If you were to dox me, threaten mine and my families life repeatedly, spread lies about me that convince other people to do the same, then that would be closer to the definition of _reasonable_ psychological harm.
We can see that scenario playing out for people right now, some of whom actually come to harm because of it.
Look at some of the hate directed at MP Jess Philips on Twitter recently based on downright lies, and the mob that stirred up as a result, as an example.
In particular, the European Convention of Human Rights article 10 guarantees freedom of expression and overrules both of those acts: “This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”
So really S127 and the MCA cover extreme cases of harassment or abuse. Where it’s a problem is what makes something “grossly” offensive, indecent, obscene or menacing; the interpretation is down to the layers of magistrates and judges overseeing each case.
a) sends by means of a public electronic communications network, a message that he knows to be falseBut you can’t abuse people with it. For example sending a hate mob on someone, defamation, swatting etc. (which are also covered by other acts).
And again, S127 is problematic because it doesn’t clearly define a line, it leaves it up to the courts on a case-by-case basis. Much of British common law is like that though.
> ECHR’s freedom of expression takes precedence
It takes 5 years on average to exhaust domestic remedies. Then another 3 years (on average) for the ECHR to hear your case. Needless to say, you can't afford it anyway.
Codifying it wouldn’t help it being abused though, and the US court system also has such problems, it takes time to prove that a right is being breached and a lot is down to the judge.
Also, there are strict limits to how long you can be fined or imprisoned under S127. The majority of cases result in small fines.