Slashdot Mirror


In UK, Internet Trolls Could Face Two Years In Jail

An anonymous reader writes with this news from The Guardian about a proposed change in UK law that would greatly increase the penalties for online incivility: Internet trolls who spread "venom" on social media could be jailed for up to two years, the justice secretary Chris Grayling has said as he announced plans to quadruple the maximum prison sentence. Grayling, who spoke of a "baying cybermob", said the changes will allow magistrates to pass on the most serious cases to crown courts. The changes, which will be introduced as amendments to the criminal justice and courts bill, will mean the maximum custodial sentence of six months will be increased to 24 months. Grayling told the Mail on Sunday: "These internet trolls are cowards who are poisoning our national life. No one would permit such venom in person, so there should be no place for it on social media. That is why we are determined to quadruple the six-month sentence.

72 of 489 comments (clear)

  1. Much as I despise trolls by msobkow · · Score: 5, Insightful

    As much as I despise trolls, I despise heavy-handed government censorship even more.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Much as I despise trolls by gweihir · · Score: 4, Insightful

      What, you will not allow a budding totalitarian regime to do what it does best, namely terrorize its population? You must be a troll! Off to jail with you!

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:Much as I despise trolls by ewibble · · Score: 3, Insightful

      Agreed, In real life you don't go to jail for 2 year for being rude what makes the internet so special.

    3. Re:Much as I despise trolls by radarskiy · · Score: 2

      It's not censorship since they have to actually do their trolling first.

    4. Re:Much as I despise trolls by The+Ickle+Jones · · Score: 2, Insightful

      As we all know, it's polite to punch people in the face who said something that you don't like. That's how rational people behave.

      As far as I'm concerned, you have no business resorting to physical violence except if you're defending yourself or others from physical violence.

    5. Re:Much as I despise trolls by dryeo · · Score: 3, Informative

      When the first amendment was introduced, duels were pretty well legal and accepted as a response to an insult and even now "fighting words" are considered to be a defence against assault charges and possibly murder in some jurisdictions.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    6. Re:Much as I despise trolls by Mr.CRC · · Score: 2, Interesting

      There is a point to which verbal abuse should be considered to evoke a primal defensive response. I have seen people literally followed around with a harrassing mouth shoved in their faces that they couldn't get away from. While it is honorable to try to defuse a situation like that without resorting to violence, I can also see where someone who is stressed by unknown factors might simply throw a punch. And if I were a judge, in a case like that I might very well just let them walk, considering it legitimate self-defense.

      As for internet harrassment, it might be better to sentence people to perform ass kissing services for the harrassed for some period of time. The movement of the justice system away from pushing people to make restitution for harm done, and instead toward universal incarceration for every possible infraction, is a second injustice to victims, as well as being corrosive poison to society. If a guy is an asshole and threatens someone but didn't really mean it, do we really want to spend societal resources to imprison them for TWO FUCKING YEARS! Does anybody ever think? I mean really THINK about the implications of what they are saying when they cheer on the state to put the boot to more faces? Do you really think the "there ought to be a law" model can go on forever without that boot ultimately winding up on your own face?

      That we can simply fix all social problems with another law and more imprisonment is going to lead us to our doom.

    7. Re:Much as I despise trolls by The+Ickle+Jones · · Score: 2

      There is a point to which verbal abuse should be considered to evoke a primal defensive response.

      Then you're not exactly a rational being; you're just a barbarian. Hopefully you get thrown in jail/fined, and hopefully you learn your lesson.

    8. Re:Much as I despise trolls by DahGhostfacedFiddlah · · Score: 3, Insightful

      Where does the freedom to "say what I don't like" end and harassment begin? You wouldn't be able to follow someone around while they're in public, yelling insults, all day, every day. Eventually you'd get a restraining order, and if you violated it, you'd go to jail. At some point "saying what I don't like" becomes more damaging to my quality of life than a punch in the face.

    9. Re:Much as I despise trolls by Mr.+Slippery · · Score: 5, Informative

      Where does the freedom to "say what I don't like" end and harassment begin?

      In terms of content, you can say whatever the fuck you like about me. In terms of place and time and manner, you can't say whatever the fuck you like on my front lawn, because that's trespassing. You can't say whatever the fuck you like about me in my living room, because if you break into my house I will engage in legitimate self-defense and you will be quickly be unconscious or dead.

      You can say whatever the fuck you like about me when we're in public, but if you continually follow me around at some point you are expressing a threat and committing assault. That has nothing to do with what you're saying, though, it applies even if you're silent -- it's the physical presence that's a threat.

      You can say whatever the fuck you like about me on the internet or on TV or in a letter or on the phone or whatever. Unless you make a specific threat, and can be reasonably believed to have the means to carry it out, it's not assault. "I'm going to drop a nuclear bomb on Tom's house!" is not a threat, unless you command a nuclear arsenal. "Somebody ought to shoot Tom!" is offensive, but I don't have a right to not be offended, and unless someone is pointing a gun at me at that moment it's not assault or encouraging assault.

      A nation with an interest in freedom could handle these cases without any new laws against trolling, using the same legal principles that have existed since the first idiot was prosecuted for mailing a threatening letter. But a moral panic about the 'net is fertile ground for authoritarians.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    10. Re:Much as I despise trolls by ihtoit · · Score: 2

      Ashford v Thornton was after the Declaration of Independence by some margin, and no other challenge to the right of trial by combat appears on the United States judicial record. The ONLY theoretical hurdle to TBC is the UN Declaration on Human Rights and Fundamental Freedoms, to which the United States is signatory by virtue of its permanent position on the UN Security Council.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    11. Re:Much as I despise trolls by ihtoit · · Score: 5, Informative

      we HAVE Magna Carta. We HAVE a Bill of Rights. We HAVE a written Constitution.

      1215, 1688 and 1688 respectively.

      yeah sorry, America, your Constitution is based on a document written into Law 88 years before yours was.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    12. Re:Much as I despise trolls by Barsteward · · Score: 2

      its not about "some punk ass talking shit", its about anonymous rape and death threats against a person and/or their family. I couldn't give a shit about trolls talking shit because i don't know and therefore i don;t care about their opinion, but physically threatening my family is a different thing altogether

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    13. Re:Much as I despise trolls by Barsteward · · Score: 3, Funny

      as a 12 year old, you'll probably get detention

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    14. Re:Much as I despise trolls by mvdwege · · Score: 3, Informative

      In terms of content, you can say whatever the fuck you like about me.

      Cool, so I can put up a webpage alleging that you are a paedophile then?

      Despite what some loudmouths on Internet may proclaim, there are forms of speech that are damaging and therefore infringing on other people's rights. A government does have a legitimate interest in having those forms of speech curtailed, as much as it has an interest in having harmful physical acts like assault and battery curtailed.

      Harassment, slander and libel, direct incitement to violence? It is up to the Frea Speach advocates to defend why these should be allowed, not for the rest of us to why we shouldn't have to put up with this in a civilised society.

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    15. Re:Much as I despise trolls by cold+fjord · · Score: 2

      No need to feel sorry, that constitution didn't apply to America. After the British government failed to apply to the American colonists the rights secured to Britons in the Glorious Revolution the American colonists ultimately decided to have an even more glorious revolution of their own and write a constitution that applied to them.

      As to the "written Constitution" of the UK....

      The UK constitution

      The UK constitution is often described as an 'unwritten constitution', but it is best described as 'partly written and wholly uncodified' (Budge et al, 1998).

      It is derived from a number of sources. Its principal source is statute law, i.e., laws passed by the UK Parliament.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    16. Re:Much as I despise trolls by tsqr · · Score: 2

      Then you're not exactly a rational being; you're just a barbarian.

      Not according to the Supreme Court:

      In Chaplinsky v. New Hampshire (1942), the Supreme Court held that speech is unprotected if it constitutes "fighting words". Fighting words, as defined by the Court, is speech that "tend[s] to incite an immediate breach of the peace" by provoking a fight, so long as it is a "personally abusive [word] which, when addressed to the ordinary citizen, is, as a matter of common knowledge, inherently likely to provoke a violent reaction". Additionally, such speech must be "directed to the person of the hearer" and is "thus likely to be seen as a 'direct personal insult'".

    17. Re:Much as I despise trolls by digsbo · · Score: 2

      There are mutual consent laws for this in some states in the USA today. I remember that weird dude Phoenix Jones engaged with a drunk in front of a police officer, and since they both consented, it was not a crime for Jones to drop the guy. http://www.youtube.com/watch?v...

    18. Re:Much as I despise trolls by silas_moeckel · · Score: 2

      You do realize that all laws are ultimately enforced via force? Anyways it's perceived possibility that keeps things civil not the employment of them. Lets remember that trolls tend to be social inept misanthropes, a simple glower IRL often sends them looking for an easier target.

      --
      No sir I dont like it.
  2. So what qualifies? by alvinrod · · Score: 5, Interesting

    Who gets to decide what qualifies as trolling?

    I have a feeling that there are some people who would take a polite "You're wrong and I disagree with you for the following reasons . . ." as trolling. Sure the "I hope you die in a car fire" and "I'm going to kill your animals" are low-hanging fruit, but there's a line there somewhere and it's not always easy to find. I'm not very comfortable with laws that require some form of human interpretation as guilt comes down entirely to the human doing the interpreting and at that point you have to hope they don't have an ax to grind or some other reason for disliking you.

    1. Re:So what qualifies? by gronofer · · Score: 4, Informative

      However the Communcations Act of 2003 is interpreted, is seems. See Wikipedia:

      Malicious communications

      Section 127 of the act makes it an offence to send a message that is grossly offensive or of an indecent, obscene or menacing character over a public electronic communications network.[8] The section replaced section 43 of the Telecommunications Act 1984 and is drafted as widely as its predecessor.[9] The section has controversially been widely used to prosecute users of social media in cases such as the Twitter Joke Trial and Facebook comments concerning the murder of April Jones.[10]

      On 19 December 2012, to strike a balance between freedom of speech and criminality, the Director of Public Prosecutions issued interim guidelines, clarifying when social messaging is eligible for criminal prosecution under UK law. Only communications that are credible threats of violence, harassment, or stalking (such as aggressive Internet trolling) which specifically targets an individual or individuals, or breaches a court order designed to protect someone (such as those protecting the identity of a victim of a sexual offence) will be prosecuted. Communications that express an "unpopular or unfashionable opinion about serious or trivial matters, or banter or humor, even if distasteful to some and painful to those subjected to it" will not. Communications that are merely "grossly offensive, indecent, obscene or false" will be prosecuted only when it can be shown to be necessary and proportionate. People who pass on malicious messages, such as by retweeting, can also be prosecuted when the original message is subject to prosecution. Individuals who post messages as part of a separate crime, such as a plan to import drugs, would face prosecution for that offence, as is currently the case.[11][12][13]

      Revisions to the interim guidelines were issued on 20 June 2013 following a public consultation.[14] The revisions specified that prosecutors should consider:

      whether messages were aggravated by references to race, religion or other minorities, and whether they breached existing rules to counter harassment or stalking; and
      the age and maturity of any wrongdoer should be taken into account and given great weight.

      The revisions also clarified that criminal prosecutions were "unlikely":

      when the author of the message had "expressed genuine remorse";
      when "swift and effective action ... to remove the communication" was taken; or
      when messages were not intended for a wide audience.

    2. Re:So what qualifies? by beelsebob · · Score: 3, Informative

      They're not - the judiciary and the government are entirely separate entities in the UK. Hence why the judiciary can preside over cases against the government.

    3. Re:So what qualifies? by GrahamCox · · Score: 2

      Who gets to decide what qualifies as trolling?

      A judge in a court of law? That's their job.

      Presumably if you feel particularly aggrieved by something you've had directed to you online, you can complain to the police and press charges. When it comes to court, the evidence is presented, the defence puts its case and the judge decides.

    4. Re:So what qualifies? by jbolden · · Score: 2

      I'm not very comfortable with laws that require some form of human interpretation as guilt comes down entirely to the human doing the interpreting and at that point you have to hope they don't have an ax to grind or some other reason for disliking you.

      Virtually all law in the UK or USA requires the jury to make determinations of guilt based on their interpretations of actions. You are objecting to crucial concepts in our system. Most crucially criminal intent being required not just a findings that acts took place.

    5. Re:So what qualifies? by BradMajors · · Score: 2

      Here is an example of what qualifies under this act:

      "Crap! Robin Hood airport is closed. You've got a week and a bit to get your shit together, otherwise I'm blowing the airport sky high!!"

    6. Re:So what qualifies? by ihtoit · · Score: 5, Interesting

      Except that's not the reality of the situation at all.

      Judges are paid by the Local Authorities whose local jurisdiction they operate under. That's done through Legal Aid, which is controlled by the Local Authorities.
      Jurisdictions are defined by the areas served by the Local Authorities and the police who directly answer to them. Council Tax pays police salaries. It's right there on the itemised bill.

      Ergo, the police are beholden to local authorities: they REFUSE to investigate criminal allegations against any member of a local authority staff. They REFUSE to arrest corrupt judges. The Crown Prosecution Service have on record a grand total of ZERO prosecutions ever or pending against serving judges. Judges REFUSE to jail police officers who demonstrably perjure themselves. I have ample anecdotal evidence of this (currently withheld from publication pending private criminal prosecutions against named judges), there is also plenty of evidence in the remarkable absence of stories in the mainstream media of serving police officers being jailed for criminal activity and a grand total of ZERO serving police officers EVER having been convicted and jailed for causing a wrongful death (even though there are several videos of police officers actually committing acts which directly resulted in death). They all piss in the same pot.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    7. Re:So what qualifies? by rmstar · · Score: 2

      Who gets to decide what qualifies as trolling?

      I have a feeling that there are some people who would take a polite "You're wrong and I disagree with you for the following reasons . . ." as trolling. Sure the "I hope you die in a car fire" and "I'm going to kill your animals" are low-hanging fruit, but there's a line there somewhere and it's not always easy to find.

      This being Britain, I'm sure it will be an awful mess of a law dripping cruelty and class discrimination like ASBOs and other recent British laws.

      It can work, however. In Germany, insulting someone is a crime. Threatening rape is a crime too, of course. There is a well established and accepted law practice regarding the interpretation and implementation of such laws. The fact of the matter is that there is ample support and acceptance of them in the population, and the upshot is a comparatively civilized and objective atmosphere in public discourse.

      I'm not very comfortable with laws that require some form of human interpretation

      Most laws are like that, and have always been so.

    8. Re:So what qualifies? by Kester1964 · · Score: 2

      No, the guidelines were updated after the failed prosecution, as mentioned in a previous post, regarding Robin Hood Airport. So the DPP is not making the rules he is giving guidance to other public prosecutors on the strength of evidence required to convince a judge that a crime has been committed. I am no lawyer but my understanding (I am in the UK) is this is how common law works in the UK. So any future actions brought before a judge with similarities to this trial are likely to use the outcome of the Robin Hood Airport appeal result as a test of the evidence for future trials.

  3. Trolls are the lowest form of life. . . by Mr_Wisenheimer · · Score: 5, Interesting

    . . . especially the ones behind using the internet to interfere with people's real lives, but I do not believe that mere trolling is criminal.

    The EU, especially the UK's constant rolling back of the freedom of expression is downright concerning. If people go to prison for expressing an unpopular opinion I disagree with, how long before people go to prison for expressing an unpopular opinion I agree with?

    Despite it's flaws, the near absolute interpretation of the constitutional right to the freedom of speech by the US Supreme Court is a godsend and makes me proud to be an American.

    1. Re: Trolls are the lowest form of life. . . by Anonymous Coward · · Score: 3, Interesting

      It has nothing to do with expressing opinions or being rude, they are not covered under this law no matter how much offence a person takes. A person can only be prosecuted under this law if they are intentionally targeting a specific person in order to harass/stalk them.

      I'm okay with that. The wording is clear enough that misuse of this law will be thrown out easily.

    2. Re:Trolls are the lowest form of life. . . by TubeSteak · · Score: 3, Interesting

      Despite it's flaws, the near absolute interpretation of the constitutional right to the freedom of speech by the US Supreme Court is a godsend and makes me proud to be an American.

      I can't help but think that anyone who believes this is anything less that wildly ignorant about the Constitution and Supreme Court jurisprudence.

      Here are some broad exceptions to the constitutional right to the freedom of speech:
      1. Libel, slander, and various forms of misleading statements
      2. Inciting others to violence
      3. Fighting words
      4. Disturbing the peace (offensive words can be considered a breach of the peace)
      5. Intentional infliction of emotional distress
      6. Copyrights & trademarks
      7. Obscenity
      8. Commercial speech

      I may have forgotten one or three, but I think that suffices to make my point that there is nothing remotely like a "near absolute interpretation of the constitutional right to the freedom of speech."

      Equally important to the point I'm trying to make is that at least 5/8 of those exceptions were well established as law when the Constitution was written.

      --
      [Fuck Beta]
      o0t!
    3. Re:Trolls are the lowest form of life. . . by Mr_Wisenheimer · · Score: 5, Interesting

      Your response demonstrates that you failed to read and understand my points. There will always be limits to freedom of speech, but those limits are much more restrained in the US than the UK, just to go down the list:

      1) Libel in the US is a civil matter (not criminal) and requires meeting very strict standards of proof, including proving both that the defendant knowingly made a false statement for the express purpose of defaming the plaintiff (and not as a matter of comedic, satirical, or other protected purpose) and that the plaintiff actually suffered real damages as a result. Libel cases in the US are very difficult to win.. By contrast, the British libel laws are so unfavorable to the defendant's right of free speech that many US States such as California have passed laws to protect their residents from action in British courts.

      2) Inciting others to violence is only illegal if there is an imminent threat of lawless action, such as a mob gathered around someone's house who you incite to storm inside. By contrast, British law allows someone to be imprisoned simply for making disrespectful statements about someone or some group that might, at some hypothetical point in the future, incite others to commit violence against.

      3) The fighting words doctrine has largely been overturned and, in any case, is not a criminal act in itself, merely recognized as a mitigating defense to a claim of assault or battery.

      4) Disturbing the peace is not a charge that can be used as a workaround to target someone's freedom of expression. The courts have ruled on this time and again.

      5) Emotional distress is damage in a civil case. It has nothing to do with freedom of speech.

      I'm not going to even bother than the rest, because you clearly missed the point. No right is absolute, but the US Supreme Court guards the freedom of expression in the US much more fiercely than European Courts do.

    4. Re:Trolls are the lowest form of life. . . by Mr_Wisenheimer · · Score: 2

      I'm not "walking back" from anything. While I understand your first post may have been a response engendered by a legitimately different interpretation of what I meant by, "near absolute", I did clarify what point and at this point you are purposefully arguing against a strawman you created rather than my actual argument.

      Also, your comment about "natural rights" is not pedantry. It is sophistry. The Supreme Court and the populace recognizes that freedom of speech is a constitutional right. Trying to impose your vocabulary on others by "correcting" them is nothing more than a superciliousness born not out of actual superior knowledge but out of ignorance and self-delusion.

          Since the Chaplinsky v. New Hampshire, the Supreme Court has pretty consistently overturned future cases that relied on the doctrine, such as in Gooding v. Wilson. The court has not come right out and completely overturned the doctrine, but the high court has consistently not upheld it as valid in such a wide variety of cases that it is pretty close to effectively dead, the latest being the cases against the Westboro Baptist Church, whose members would shout obscenities at the relatives of service-members killed in combat.

    5. Re:Trolls are the lowest form of life. . . by Mr_Wisenheimer · · Score: 2

      The right to swing firsts was an analogy made by Zechariah Chafee. The point is, no man has absolute rights or absolute liberties. They end when another person is substantially harmed or the rights of another person infringed upon.

      Also, you really want a society where it is legal to give false testimony to a police officer or a court? Maybe someone who doesn't like you makes up a story about you, gets others to go along with it and gets you thrown into prison. After all, there is no disincentive to lying, because they cannot get in trouble for filing false police reports, obstruction of justice, or perjury in a world where freedom of speech is an absolute right.

      How about someone who purposefully defrauds you out of thousands of dollars. Normally, they could be thrown in prison, but in a world where freedom of speech is absolute, oral and written contracts are meaningless, because I have the freedom to say or write anything I want without any criminal repercussions.

  4. So as an American.... by davydagger · · Score: 2

    I can trollolol people in jolly good England all day long, but if they troll us back, we can report them?

    bloody hell.

  5. Define trolling by jones_supa · · Score: 3, Informative

    I hope they have defined properly what they mean with "trolling". By definition, trolling means writing inflammatory comments that excite people to write indignant responses. Thus, for example, bullying or threats do not technically count as trolling.

    1. Re:Define trolling by pr0nbot · · Score: 4, Informative

      Roughly speaking, as I understand it, if it would be criminal to say something to a person's face, it will be criminal to say it to them online. For example, a death threat.

    2. Re:Define trolling by TubeSteak · · Score: 2

      Why exactly is that not already the case through existing law?

      It is, they're just increasing the punishment.

      --
      [Fuck Beta]
      o0t!
    3. Re:Define trolling by Anonymous Coward · · Score: 3, Interesting

      Journalists do what journalists do - oversimplify and sacrifice meaning. Politicians making speeches do the same.

      Here's what the actual judicial guidelines have to say about it:

      Only communications that are credible threats of violence, harassment, or stalking (such as aggressive Internet trolling) which specifically targets an individual or individuals, or breaches a court order designed to protect someone (such as those protecting the identity of a victim of a sexual offence) will be prosecuted

      So that's:
      - Credible threats of violence
      - Harrassment (itself defined in law, under the Protection from Harrassment Act 1997)
      - Stalking ... which specifically targets an individual or individuals (this would multiple actions over a period, directed at one victim)
      - Breaching a court order.

      Posting "U sux!!!" on someone's YouTube video is not prosecutable. Posting "I'm gonna track you down and feed you your own testicles" might be, if a lawyer could persuade a judge that the threat was "credible". Posting anything of the sort on every video posted by a particular user would probably qualify as stalking.

  6. They are elusive by Kohath · · Score: 5, Funny

    Police are searching for them under an old Ethernet bridge.

  7. That will include badmouthing politicans by gweihir · · Score: 2

    Of course. It is just like in 1984: Language gets controlled to that people may not voice their thoughts anymore.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  8. Mohammed is the #1 boys name in England by Anonymous Coward · · Score: 4, Funny

    Of course it's on topic. The topic is trolls.

  9. Re:Ahhhh.... by Anonymous Coward · · Score: 3, Insightful

    Liberals in the US are salivating over the day they can do this.

    I must really complain about the use of the term "liberal" as the far right democrat as a contrast to the further right republican party. A liberal, would be for the absolution of these laws, in such a manner that it would grant more freedoms or liberties to individuals.

    Now, as for my stance on the law, I don't like it from the stance of increasing state power over individuals. At best, laws pertaining to harassment should be all that is needed for such cases. Restraining orders as a start, then go criminal if that is violated. If a person continually harasses others over an extended period of time, then forced psychiatric sessions for them or community service to force them to do something they don't want, without confining them. If there is any lacking aspect to what is already done, it is enforcement. Police are not willing or simply don't care enough to track down individuals outside of high profile cases. Too much happening, and not enough pay to care.

  10. Get less time for DUI or shoplifting by Joe_Dragon · · Score: 2

    So why should some get 2 YEARS for this?

  11. Chris Grayling is a cunt by Cederic · · Score: 4, Informative

    I live in the UK and I think Chris Grayling is an utter twat. I hope he loses his seat in the election, and that causes a terminal depression.

    He deserves it.

    There are already laws against harassment, against threatening rape or murder, against pretty much anything he wants to try and cover with further legislation. So fuck him, I reserve the right to offend him and if I see him in the street then he'll find out that I don't just do that online.

    1. Re:Chris Grayling is a cunt by jez9999 · · Score: 2

      Careful, he could jail you for 2 years for that post.

  12. Re:you don't like what I say? by Harlequin80 · · Score: 2

    You know it only applies to specific types of comments right?. ie "I'm going to kill you" "I'm going to rape you" type comments. You are free to be as much of a troll-tard as you like as long as you are not threatening someone.

    From TFA one particular example was a girl who came out not supporting a return to professional football of a convicted rapist. She had extensive death and rape threats sent to her via social media. If you were to have written the same comments on a letter and posted it to her it would also have been a crime.

    These laws are separated to libel or defamation laws.

  13. Missing part by gmuslera · · Score: 2

    Anyone that complain about government, denounce abuses, disagree with GHCQ surveillance and so on will be considered trolls.

  14. Cool. Just as good as China by Toddlerbob · · Score: 2, Interesting

    Yeah, here in China, people can be jailed for "spreading rumours" online. Such measures are necessary to preserve harmony in society. It's nice to see the UK catching up.
    (/snark)

  15. The law comes to Deadwood. by westlake · · Score: 4, Insightful

    I have a feeling that there are some people who would take a polite "You're wrong and I disagree with you for the following reasons . . ." as trolling.

    This isn't about trolling.

    This is about abusive, manipulative, disruptive and often threatening behavior that would not be tolerated off-line in the name of free speech --- because it is the enemy of free speech.

    Free speech cannot survive in an atmosphere of fear.

    Free speech cannot survive when speakers are shouted down, bullied and hounded off stage.

    Free speech cannot survive the mob.

    1. Re:The law comes to Deadwood. by The+Ickle+Jones · · Score: 2

      This is about abusive, manipulative, disruptive and often threatening behavior that would not be tolerated off-line in the name of free speech

      All of which is subjective. And not tolerated by who? Speak for yourself.

      Free speech cannot survive in an atmosphere of fear.

      Free speech cannot survive when speakers are shouted down, bullied and hounded off stage.

      Free speech cannot survive the mob.

      Unless it escalates to physical violence, your free speech rights haven't been infringed upon, unlike what the government is trying to do here.

    2. Re:The law comes to Deadwood. by stephanruby · · Score: 5, Insightful

      This isn't about trolling.

      This is about abusive, manipulative, disruptive and often threatening behavior that would not be tolerated off-line in the name of free speech --- because it is the enemy of free speech.

      Free speech cannot survive in an atmosphere of fear.

      Free speech cannot survive when speakers are shouted down, bullied and hounded off stage.

      Free speech cannot survive the mob.

      No, this law is mostly about drinking and tweeting, and tweeting racist things as a result.

      In the UK, the maximum penalty for someone drinking and driving, when a life isn't actually lost as a result, is up 6 months in jail. However, if you happen to be drinking and tweeting (and not driving), then that maximum penalty is multiplied by four.

      Free speech cannot survive when speakers are shouted down, bullied and hounded off stage.

      Free speech cannot survive the mob.

      May be, but not in the tweeting cases prosecuted by the Crown. In each case, the mob sided with the target of the tweets, not the offender. And of course, we're not talking about online school bullying with this particular law. If this law was aimed at stopping school bullying, there would be a provision for underaged offenders, which there isn't. And it would be applied to those school cases, which as of now it hasn't.

      ...that would not be tolerated off-line in the name of free speech

      That's a nice idea, but you haven't spend any time around drunk people. When a drunk person gets belligerent, you throw them out of the premises, or if you're not the owner of the premises, you walk away from them. Throwing them in jail is the last possible resort, only to be used, when that person is a danger to others, or a danger to himself (like when he or she is hitting other people, or trying to drive a car).

      Throwing trolls in jail isn't going to solve the problem of trolls. For one thing, there will still be people trolling from outside the UK (they will do so just because they can, as a taunt against the British authorities). And for a second thing, people aren't going to stop drinking and tweeting, even inside the UK, so the angry judges and politicians are likely to be even more frustrated with the results and come up with even more draconian measures.

    3. Re:The law comes to Deadwood. by CanHasDIY · · Score: 3, Insightful

      I think it qualifies as free speech. But a threat that seems likely to be acted upon may require an investigation to see if it's going to be acted upon.

      Hence the difference between online and offline speech - "I'm going to rape your pets to death" is far more actionable when you're standing in front of the person's house as opposed to some maternal basement half a world away.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  16. There are limits to freedom of speach by oneiros27 · · Score: 4, Insightful

    Threatening to hit someone when you're in person is assault. Yet, if done over the internet, you can threaten to kill them, rape them, burn their house down, etc... and that should be legal?

    Calling in a bomb threat isn't free speach, no matter if you were 'joking' or not. Screwing with people's lives, even if it's only one person and not a 'terroristic threat' shouldn't be, either.

    And the strange thing is ... I'd normally agree with you about the freedom of speach and people need to grow a thicker skin... but once you get threats of violence, that's drawing the line.

    I've had a stalker, and even though she was just crazy, not violent, I can say that you will *never* understand what this can do to a person. I knew who my stalker was (she worked with me, and management wouldn't do crap about it; luckily, we worked different shifts) ... but you start panicking every time you see someone in a crowd that might be her. You shut down when someone that you've chatted with on mailing lists meets you in person for the first time and expresses enthusiasm for meeting you.

    So, in summary : fuck you and I hope you die in a fire. (yay freedom of speach!)

    --
    Build it, and they will come^Hplain.
    1. Re:There are limits to freedom of speach by dryeo · · Score: 2

      There is a big difference between someone making an empty threat about killing you and someone making the same online threat and including your real life address, the school that your kids go to including their route and such.
      You also don't seem to understand that the first amendment only banned congress from passing laws limiting speech. Nothing about other levels of government including the courts (common law) or even the President (as CiC he can limit soldiers speech rights).
      It can be argued that the 14th amendment expands the first amendment to all forms of government but it is not clear and the fact that the 14th amendment was passed with federal soldiers holding guns on the members of state legislatures to force its passage makes it questionable anyways.
      All rights are limited, the famous example is your right to swing your fist stopping where my face is. Security of person is as much of a right as free speech and serious threats against your person can be unlawful.
      Now it can be argued that this law is too broad and I'm inclined to agree but if someone is making credible threats they are crossing a line.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
  17. It's not censorship or more government control by GrahamCox · · Score: 4, Insightful

    I think a lot of people are misinterpreting the intent of this. Much as I despise the current UK government, and am deeply concerned about surveillance and censorship and erosion of privacy and free speech generally, I think in this case it's not what's being proposed at all.

    Basically, I believe in being free to do as you please unless it harms others. There's no doubt that trolling, in some cases, does harm, but right now the punishment isn't very harsh for the worst cases, and most people that indulge in trolling feel they have the "right" to do it (those were the exact words used by a recent troll who attacked the McCanns online and was called out on it by the news media; she later committed suicide. A pretty sad case for everyone concerned). This is confusing the right to free speech with a non-existent right to slander and libel with impugnity. If you are attacked, and it harms you (for some definition of harm) then you should have the right to prosecute the perpetrator to the extent the law allows.

    All this is proposing is that harmful trolling is taken more seriously, and I agree with that. A judge will rule on the merit of any case brought, and hand down a sentence as he sees fit. This is merely proposing that the maximum available sentence is extended from 6 months to 2 years, and I agree with that. Note that this has nothing to do with the government having greater powers to monitor online activity - the judiciary have nothing to do with the government in the UK. If someone is trolled online and they feel it has harmed them, it is up to them to report it and press charges, and present their case in court. The government are not involved at all.

  18. Trolling is a very broad term by Beeftopia · · Score: 2

    Imprecise laws give authorities a great deal of discretion about the threat of prosecution. And discretion here is another name for arbitrary power.

    Do they mean targeted harassment or libel? Or theft or fraud? Or do they mean playing devil's advocate?

    Conflating the harassment of the McCanns with "trolling", a broad term, is just a power grab by an opportunist. It might sound politically beneficial right now but curbs on basic freedoms have blowback. Consequences.

    The article reads like satire. I'd expect it out of a backward or totalitarian regime, but not the UK.

  19. Re:Ahhhh.... by dryeo · · Score: 2

    His use was correct. Liberals are the first to demand everyone else walk on egg shells when their feelings get hurt.

    A Libertarian will be the ones trying to remove such laws.

    Yet it is right wing governments bringing in these laws. My right wing government loves increasing jail sentences, creating new crimes, expanding spying on their own citizens and the libertarian part stays quiet as long as their are tax cuts promised and certain parts of government are shrunk.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  20. F the UK by sabri · · Score: 4, Insightful

    I've said it many times before, and will say it again. The UK is not what it used to be. It used to be the bastion of European freedom, the saviors against Hitler.

    At this time, they're exactly the opposite. They're on the front-lines of oppression, limiting freedom of speech and monitoring online and offline behavior all in the name of "save the children".

    --
    I'm not a complete idiot... Some parts are missing.
    1. Re:F the UK by tehcyder · · Score: 5, Insightful
      Holding people responsible for making threats of death and rape is indeed an infringement on free speech, in the same way that locking someone in prison for murder is an infringement of their right to liberty.

      Freedom of speech has never meant freedom from its consequences, and the fact that it's on the internet is entirely irrelevant.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    2. Re:F the UK by tobe · · Score: 4, Insightful

      Sadly there's an element of our society that thinks it's funny and/or acceptable to threaten violence and specifically rape on people for simply expressing their views. A recent case where a woman was bombarded with these kind of threats for simply campaigning to keep a notable female on at least one of our bank notes comes to mind. The general population does not think this is an acceptable price to pay for free speech, hence legislation. I don't think you'll find many dissenting voices.

    3. Re:F the UK by Rei · · Score: 3, Insightful

      I agree. If by "poisoning" they mean people making insolts or dispatching flying penises in Second Life or stuff like that, then it's a bill too far. But if by "poisoning" they mean launching flickering images on an epilepsy forum to try to cause seizures, "doxxing", making legitimate rape and murder threats, etc, then I think it's absolutely justified. All too often is there the assumption that what happens online doesn't warrant enforcement, even if it's something that crosses over into the real world.

      Everyone has the right to free speech, but it ceases being free speech when it crosses certain bounds (shouting fire in a crowded theatre, incitement to violence, solicitation of criminal activity, etc). All of these cases are nuanced and require careful balance, but what they should not be is ignored.

      --
      Next to my desk we have an Ire Extinguisher. Our boss is really assertive, so we like the idea of having it.
    4. Re:F the UK by Wootery · · Score: 2

      All of these cases are nuanced and require careful balance

      It doesn't seem that nuanced. It seems to me the question is whether you're in trouble for expressing an unpopular idea (genuine infringement of freedom of expression), or for encouraging violence/panic. The epilepsy example is a deliberate act to cause harm which happens to take the form of a digital submission, but it's not really 'expression'.

      I'm sure there are some interesting edge-cases, but this distinction seems important.

    5. Re:F the UK by RabidReindeer · · Score: 4, Interesting

      All of these cases are nuanced and require careful balance

      It doesn't seem that nuanced. It seems to me the question is whether you're in trouble for expressing an unpopular idea (genuine infringement of freedom of expression), or for encouraging violence/panic. The epilepsy example is a deliberate act to cause harm which happens to take the form of a digital submission, but it's not really 'expression'.

      I'm sure there are some interesting edge-cases, but this distinction seems important.

      There's a third path: direct assault with intent to cause distress. That's what trolls are famous for, and recent news reports have had quite a bit of coverage of everything from people having to alter their lifestyles to cases of outright troll-induced suicide.

    6. Re:F the UK by nukenerd · · Score: 3, Interesting

      What idiot modded this as informative?

      I suggest reading a bit of history before you post crap like this. Just try The Desert War and The Battle for Caen as examples. The British, Americans, Russians and French all fought ferociously against the Germans, and at one point it was the British alone.

    7. Re:F the UK by ComputerGeek01 · · Score: 2

      Everyone has the right to free speech, but it ceases being free speech when it crosses certain bounds (shouting fire in a crowded theatre, incitement to violence, solicitation of criminal activity, etc). All of these cases are nuanced and require careful balance...

      And everyone of those crimes are accounted for in already existing laws. So political peacocking for the sake of their constituents, or whatever they are known as over there, doesn't do anything productive. All they are doing is fuzzing the line of demarcation for what is a crime and what isn't in the hopes that they can grab more supporters or hold on to the ones who are already there.

      Let me ask you for your honest opinion on this; if I anonymously threaten to hurt you, does it make a difference to you whether it's done by phone, Facebook post, Email or snail mail? Is the threat to you any more or less real depending on the medium of delivery? Why then do we have to explicitly state that is a crime if done by a different form of communication and potentially proscribe a separate penalty? Do you think this law actually does anything or helps anybody?

  21. Re:Ahhhh.... by K.+S.+Kyosuke · · Score: 3, Informative

    His use was correct. Liberals are the first to demand everyone else walk on egg shells when their feelings get hurt.

    A Libertarian will be the ones trying to remove such laws.

    liberal, a. and n. A. adj.: 5. Of political opinions: Favourable to constitutional changes and legal or administrative reforms tending in the direction of freedom or democracy.

    --
    Ezekiel 23:20
  22. Re:see a dictionary by ihtoit · · Score: 2

    no, retroactive censorship does exist - in most democracies, actually. Prime example is the Hansard record, where entire debates have been erased on Tony Blair and Gordon Brown's watches in attempts to hide their criminality. Fortunately some of us have eidetic memories and reliable means of caching web content.

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  23. There are limits to freedom of speach by aaaaaaargh! · · Score: 2

    Yet, if done over the internet, you can threaten to kill them, rape them, burn their house down, etc... and that should be legal

    1. That's already illegal in every European country.

    2. Threatening to kill someone is not trolling, and any politician who conflates trolling with death threats should be kicked out of his or her office ASAP.

  24. Re:see a dictionary by ihtoit · · Score: 2

    it's a matter of public record. Sort of.

    http://www.telegraph.co.uk/new...

    Health minister Simon Burns must consider himself lucky not to have been disciplined - not so far anyway - for describing, under his breath in the Commons yesterday, Speaker John Bercow as ''a stupid, sanctimonious dwarf''.

    Although the remark was picked up by the Press Gallery, Mr Bercow did not hear it, or affected not to hear it.

    But when he heard about it, he said that no record had been made, implying that he had ordered the comment to be excluded from Hansard, the official report.
     

    The Speaker of the House has the authority to order any word uttered in the Chamber (which has a live television feed to satellite and cable in operation whenever the Chamber is in session) to be stricken from the official record. Said, essentially in public, but retroactively censored hence offering some degree of deniability - if only there wasn't that pesky press gallery which is invariably full for the juicy debates!

    So an incident which occupied the headlines in today's newspapers did not officially take place. The Speaker has wielded his censor's pen, and censored (or should the word be ''redacted'') the comment from the record.

    Hansard is not a verbatim report and comments made by MPs ''from a sedentary position'' are generally not recorded, unless they give rise to exchanges in the chamber.

    But tinkering with Hansard can be perilous. Some years ago, Speaker Horace King was involved in angry exchanges with a Tory MP named Donald Box. Later, privately, Box told the Speaker that he had got his facts wrong, so the Speaker agreed to excise the row from Hansard.

    Incidentally, not too many months ago (July I think it was) a long list of names was read out in the Chamber, those names all being intimately connected with Sinn Fein and alluding to allegations that those names were connected with activities some might consider not quite legal. Like, for instance, plotting and executing the Brighton bombings. The entire record of the live televised debate was erased from Hansard but not before it had already been published.

    Things get progressively darker from there. I have a scrape of Hansard from back when it first went online, I'll have to do a rescrape and run a diff, because I do recall a bit of a panic on when it was realised that there was information in there that the Government would rather we forgot - like for instance, the debates in 1958 concerning the permanent scrapping of the Blue Streak nuclear deterrent (and calling into question the entire point of the V project) in favour of the insanely expensive and as then untested Trident programme, the 1971 nonevents surrounding the UK's entry into the European Common Market with that secession clause that Teddy Boy Heath absolutely insisted and would brook no debate on it being in there which means that Scotland's split from the UK would have ended the UK's Europe membership because the UK would have technically ceased to exist, and the incredible opposition to Thatcher's plan to send our entire Naval force to the Falklands to liberate a few sheep from those pesky Argies in 1982.

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  25. Re:Ahhhh.... by tehcyder · · Score: 3, Insightful
    Except this isn't about protecting people's hurt feelings, it's about punishing people who make criminal threats.

    I know libertarians would say we should wait until the threat is carried out and someone is actually raped and killed, but in the real world most of us would prefer to stop it happening in the first place.

    Your right to free speech does not include the right to (seriously) threaten me without recourse.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  26. Re:Ahhhh.... by Xest · · Score: 2

    Um, this law is wholly illiberal, why would liberals ever want this? Anyone wanting this is not liberal by definition.

    This is a classic conservative type proposition, not surprisingly, being put forth by the UK's Conservative party who sit on the centre-right (with a handful of far-right elements like Peter Bone).

    I suspect what you really mean is "People I don't like will love this law", but whoever those people are, I assure you they're not liberals by the very fact that this law change goes against liberalism.