On 09/05/2013 09:26, The Todal wrote:
> A mildly interesting story in the Mail today. A solicitor used the above
> words in the presence of her colleagues when complaining about a rude
> man who barged ahead of her in a queue, and was then subjected to
> disciplinary action and a fine.
>
> I have no sympathy for the silly woman but I get the impression that the
> Mail sees the disciplinary action as political correctness gone mad.
""As the European Court of Human Rights has made clear, Article 10
protects not only speech which is well-received and popular, but also
speech which is offensive, shocking or disturbing (Sunday Times v UK
(No2) [1992] 14 EHRR 123):
�Freedom of expression constitutes one of the essential foundations of a
democratic society ... it is applicable not only to �information� or
�ideas� that are favourably received or regarded as inoffensive or as a
matter of indifference, but also as to those that offend, shock or
disturb ...�
32. Freedom of expression and the right to receive and impart
information are not absolute rights. They may be restricted but only
where a restriction can be shown to be both:
>Necessary and
>Proportionate.
These exceptions, however, must be narrowly interpreted and the
necessity for any restrictions convincingly established (see the
judgment of the European Court in the Sunday Times case at paragraph 50)
33. The common law takes a similar approach. In Chambers v DPP [2012]
EWHC 2157 (Admin), the Lord Chief Justice made it clear that:
�Satirical, or iconoclastic, or rude comment, the expression of
unpopular or unfashionable opinion about serious or trivial matters,
banter or humour, even if distasteful to some or painful to those
subjected to it should and no doubt will continue at their customary
level, quite undiminished by [section 127 of the Communications Act 2003].�
34. Prosecutors are reminded that what is prohibited under section 1 of
the Malicious Communications Act 1988 and section 127 of the
Communications Act 2003 is the sending of a communication that is
grossly offensive. A communication sent has to be more than simply
offensive to be contrary to the criminal law. Just because the content
expressed in the communication is in bad taste, controversial or
unpopular, and may cause offence to individuals or a specific community,
this is not in itself sufficient reason to engage the criminal law. As
Lord Bingham made clear in DPP v Collins [2006] UKHL 40:
�There can be no yardstick of gross offensiveness otherwise than by the
application of reasonably enlightened, but not perfectionist,
contemporary standards to the particular message sent in its particular
context.�
Interim guidelines on prosecuting cases involving communications sent
via social media; Issued by the Director of Public Prosecutions,
December 2012.
http://www.cps.gov.uk/consultations/social_media_consultation.pdf
*****
... and, of course, distress claimed by one person, does not mean that
distress was intended by another. As for Stalking, Harassment etc, under
..."
Broken Truths? (Part 2)
http://therealosc.blogspot.co.uk/2013/02/broken-truths-part-2.html
--
WM
http://criticalestoppel.blogspot.co.uk
http://soaptoo.blogspot.co.uk
http://therealosc.blogspot.co.uk
Truth:Humanity:Justice