← Back to context

Comment by helsinkiandrew

1 hour ago

Those 30 aren’t arrested for just for writing “social media posts” but for possibly “harmful communication including incitement to terrorism and violence, online threats and abuse, and unwanted communication via email and other means”

Of the 90% many will accept their fault and receive a caution or warning

Edit: and none of those cases would involve pretrial remand/jail

The vast majority of those arrested are just for mild insults, which are illegal under the censorious UK regime; not incitement to terrorism or threats.

  • I'm pretty sure it's threat of violence. Sure, in some of the cases, the threats are mild ('i will fuck you up'), but they are often repeated, which, to be clear, should be considered harassment in any case (and the fact that it still isn't in other countries is wild. Someone keeps sending me insults, I should be able to legally retaliate to make him stop, no?)

    • Do you live in the UK? This isn't true.

      Here in the UK it is illegal to be grossly offensive online. Racism for example will have you charged under the Communications Act 2003.

>Of the 90% many will accept their fault and receive a caution or warning

Why do you need to arrest someone just to warn them?

I mean, this is exactly what the Tennessee sheriff accused this guy of doing. The Sheriff said that a meme referencing Trump saying that people 'needed to get over' a school shooting was actually a threat against the school.

This is the problem with going after 'harmful communication'. It is not something that can be defined precisely, which allows government officials to choose to interpret it in whatever way they want when the enforce it. Obviously in these cases, the courts ruled against the official's interpretation, but that didn't stop this guy from having to spend 37 days in jail before they released him.

As they say "you can beat the rap but you can't beat the ride".

While it is good that the UK version doesn't send you to pretrial jail, you still have to fight the charge. You have to respond, spend time in court, hire council, and hope you can convince the courts that your post doesn't fit the definition of incitement to violence.

This has a chilling effect on free speech, even if all the cases are eventually thrown out. This is a tactic the Trump administration has used repeatedly. Go after people in court for things that are clearly not illegal. You make the person fight the charges, both in court and in the public eye, and then the cases are dismissed eventually and the administration moves on. All it does is make people factor this in when deciding how to act; is my act of protest worth having to fight this in court?

And harmful communication can be "Fuck Hamas" which may be hateful, but not harmful.