Tag Archives: media freedom

Causing offence on social media – the best overview yet

Susanna Rustin has written one of the best overviews I’ve yet seen of the growing number of legal cases involving individuals being put in jail for being ‘offensive’ – vital reading if you’re interested in media freedom and media law, given the obvious implications for journalism.

The key law here is the Communications Act 2003, specifically Section 127, which I’ve written about previously in 7 laws journalists now need to know.

Rustin summarises a number of cases where individuals have been prosecuted and jailed under the Act, and focuses in particular on two recent cases relating to social media updates posted following the stabbing of a school teacher.

“The cases of [Jack] Newsome and [Robert] Riley are different. They did not target or menace individuals, and lawyers and human rights campaigners have this week raised concerns about their being jailed for causing offence.”

Former director of public prosecutions Keir Starmer, provides some useful legal context and raises his own concerns around how “too many prosecutions for these kinds of offences can have the effect of chilling free speech”:

“There always used to be a protected space, so you could say things in private you could not say in public. With social media there is no protected space, and that’s what there needs to be a debate about. The notions around place and reaction just don’t work with social media. You could have a situation where two people in their living room make remarks to each other for which they would never be arrested, but if they make these remarks by email, they could be, as the legislation covers any public electronic communication system.”

Read the article in full here.

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FAQ: Social media and media freedom

More questions from a student as part of the ongoing FAQ series. This time it’s about the role of social media in ‘media freedom’, competition between social media and mainstream media, and credibility of citizen journalists…

1. What effects do you think social media, like blogs, Facebook, Twitter, have had on media freedom?

Given that media freedom is largely about the legal and political framework in which organisations operate, I’d say social media has had very little effect. An analogy would be asking what effect hammers have had on builders’ freedoms: it’s another tool which they can use, but whether they use it and how depends on what happens to them if they do. Continue reading