Search engines Internet censorship in the United Kingdom




1 social media

1.1 malicious communications
1.2 libel
1.3 contempt of court
1.4 proposals limit social media, following august 2011 riots





social media

social media in united kingdom subject number of laws restrict range of comments users can make.


malicious communications

section 1 of malicious communications act 1988 criminalises sending article indecent or grossly offensive intent cause distress or anxiety (which has been used prohibit speech of racist or anti-religious nature).


section 127 of communications act 2003 makes offence send message grossly offensive or of indecent, obscene or menacing character on public electronic communications network. section replaced section 43 of telecommunications act 1984 , drafted predecessor. section has controversially been used prosecute users of social media. on 19 december 2012, strike balance between freedom of speech , criminality, director of public prosecutions issued interim guidelines, clarifying when social messaging eligible criminal prosecution under uk law. revisions interim guidelines issued on 20 june 2013 following public consultation.


libel

the fact existing libel laws apply internet publishing established keith-smith v williams case of 2006, time limit of 1 year after publication libel suits not apply internet publishing because each incidence of material being accessed on internet defined new publication. result, many newspapers , journals not publish controversial material in on-line archives due fear of potential libel suits. in addition, individuals without financial means defend against libel suits can reluctant publish controversial material on-line. older forms of publishing media companies had legal responsibility posts social media such twitter users , not online hosts have legal responsibility. individuals defamed online may not have financial means seek legal redress. uk ministry of justice drew plans in 2008 give such individuals access cheap low-cost legal recourse these proposals never implemented. instead defamation act 2013 (which came force on 1 january 2014) reformed libel law allow new defences , introduce requirement claimants show have suffered serious harm. intention behind reform make harder bring libel suits in britain.


contempt of court

exceptions freedom of speech include prior restraint, restrictions on court reporting including names of victims , evidence , prejudicing or interfering court proceedings, prohibition of post-trial interviews jurors, , scandalising court criticising or murmuring judges.


the use of social media comment on legal case can constitute contempt of court, resulting in fine of imprisonment of social media user. can happen if trial prejudiced result of comment, such breach of jury confidentiality, resulting in need retrial. can happen if identity of individual publicly revealed when identity protected court. instance, victims of rape , serious sexual offences entitled matter of law lifelong anonymity in media under sexual offences act 1992, if name has been given in court.


there have been number of instances of users of social media being prosecuted contempt of court. in 2012 r v evans , mcdonald rape trial generated more 6,000 tweets, people naming victim on twitter , other social media websites. 9 people prosecuted. arrest made in 2013 (r v turner) use of twitter during trial of michael le vell. in february 2013, attorney general s office instituted contempt of court proceedings against 3 men used twitter , facebook publish photographs allegedly showed 2 murderers of toddler james bulger adults. use of social media breached worldwide injunction prevented publication of identify pair.


in december 2013 attorney general s office set twitter account provide advice individuals using social media. advice intended individuals avoid committing contempt of court when commenting on legal cases. professional news media routinely receive such advice.


proposals limit social media, following august 2011 riots

on 11 august 2011, following widespread riots in england, british prime minister david cameron said theresa may, home secretary, meet executives of web companies facebook , twitter, research in motion, maker of blackberry smartphone, discuss possible measures prevent troublemakers using social media , other digital communications tools. during special debate on riots, mr. cameron told parliament:



everyone watching these horrific actions struck how organized via social media. free flow of information can used good. can used ill. , when people using social media violence need stop them. working police, intelligence services , industry @ whether right stop people communicating via these web sites , services when know plotting violence, disorder , criminality”.



critics british government considering policies similar has criticized in totalitarian , one-party states. , in immediate aftermath of riots, iran, criticized west restricting internet , curbing free speech, offered send human rights delegation britain study human rights violations in country .


on 25 august 2011 british officials , representatives of twitter, facebook , blackberry met privately discuss voluntary ways limit or restrict use of social media combat crime , periods of civil unrest. government seeking ways crack down on networks being used criminal behavior, not seeking additional powers , has no intention of restricting internet services. not clear new measures, if any, taken result of meeting.








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