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Uncategorized Tuesday, November 13th 2012 at 3:35 pm

Seems Legit: Man Arrested in U.K. for Posting Picture of Burning Poppy

The United Kingdom has some odd rules when it comes to what’s considered offensive. Libel laws and the like in the U.K. tend to receive a lot of flak from the Internet, and perhaps there’s a perfectly legitimate reason for this. These laws have wacky consequences and serve as another way to stifle free speech more often than not. For example, a man was “arrested on suspicion of malicious telecommunications” this past Sunday. His alleged crime? Posting a photo of a burning poppy to a social network.

PC Pro explains:

The arrest was made under section 127 of the Communications Act, which states that someone can be guilty of an offence if they “send by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character”.

The law has come under fire in the past because it is too difficult to define what is “grossly offensive”, rather than merely offensive.

To be fair, it was Remembrance Sunday, so the photo might have been considered in poor taste. Arresting someone over it’s just silly, though.

(PC Pro via Techdirt, image via Mich De Mey)

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  • Enthusiast

    This is the same country that sent someone to jail for being mean on Facebook. Recently (within the last year) someone found an undischarged bullet on the ground, freaked out, and called police. This story made national news (and, thanks to the interwebs, international news). I believe this is wussification is a result of living so close to the French.

  • Steve

    The guy you are speaking of is Matthew Woods. He was arrested for his own safety after making some disgusting comments about a little girl, Madeleine McCann, who was Abducted in Portugal some years ago and has never been found. The comments he made were so bad the police had to arrest him as a mob of 50+ people descended on his home.

    He was sent down for 12 weeks. Heres a statement from the court – The reason for the sentence is the seriousness of the offence, the public outrage that has been caused and we felt there was no other sentence this court could have passed which conveys to you the abhorrence that many in society feel this crime should receive

    I think its a bit harsh, but I think the courts are starting to make examples of people. I’m all for freedom of speech but I have one golden rule when posting on the internet ‘Never wrtite anything you wouldn’t say in front of a total stranger’.

    Its time people released that sitting behind a monitor doesn’t give you a license to be a total dick. Its not like your at the bar talking discreetly to like minded people, your audience could be anyone.

  • Idlethoughts

    Would someone care to explain to me what a photo of burning poppies supposedly represents, I don’t really get it.

  • Enthusiast

    As soon as you give the government the ability to regulate what you say, you lose your freedom… You have to assume that the government is 100% benevolent 100% of the time, and that’s a foolish assumption. There is a reason the amendment protecting the people from government regulation of expression is the first amendment. It is because it’s the most important. The reason the amendment guaranteeing our right to arm ourselves is the second is because it is the most important to protect the first amendment.

    What he did was disgusting, but it wouldn’t have been a crime in the US. Facebook, not the government, had the responsibility to stop this behavior.

    It is only a matter of time until the Communications Act is extended to the press and public speech, then all speech, then the definition of ‘grossly offensive’ will be expanded to include criticism of the government Communications Act. It may take a year, decade or century, but it will happen. Never give the government any power you wouldn’t give Hitler and you won’t have a country that looks like 1940s Germany.

  • Enthusiast

    should be “government/Communications Act”

  • Unistrut

    The red poppy is the symbol for the English equivalent of Veteran’s Day. It is Serious Business.

  • Anonymous

    The red poppy is the symbol of the Commonwealth equivalent of Veteran’s Day. It is Serious Business.

  • http://twitter.com/wonkydonky wonky donky.

    Absolutely Right. +Quite well-said!
    And that 1st Amendment is most poignantly for The Most Unpopular speech + ideas.

    Nobody is going to chuck you in jail for agreeing with them and saying they’re great.

    That’s why the types of speech that can get you canned here in the US are very very specific.

  • Steve

    Totally agree with everything you said.

    Like I said, I think its harsh that he got sent down for it.

    He was lucky he was arrested in a way, he’d have been seriously hurt or even killed had he been left to face the mob. I think the judge took this in consideration when sentencing him.

    There was recently another case in the UK. A footballer raped a girl and was sent to prison for it. Under British law no victim of a rape can be named, for their protection. However several people used Twitter to name her and attack her, calling her ‘A money grabbing slut’ amongst other things.

    The police got involved and all 9 that were involved got £624 fines.

    It goes to show how people think they are safe once behind a keyboard, and can act like dicks. I stick to my original statement about this. Its not like talking to your friends at the pub. Post on twitter of FB and the whole world has access to what you just said.

  • Asreal

    I was about to get all flamey and start saying how wrong you are but “I believe this is wussification is a result of living so close to the French” made me laugh too much :P
    Git!

  • Asreal

    It’s basically desecrating the memory of all those who died for us during the first world war.

    I know the Americans here love banging on about free speach, but I’m glad the line has been drawn here.

    The bastard should be forced to join our army and see it he thinks it is funny then.

  • Adam Brown

    The Poppy is a symbol of respect for our Soldiers who have died for this country during battles.

    It’s similar to someone burning the American Flag, which I’m sure you and most Americans would find offensive.

    Imagine this story was about people being imprisoned for burning the American Flag and me starting this story as “The United States has some odd rules when it comes to what’s considered offensive”

  • Adam Brown

    See my comment above. It represents our soldiers that have died in previous battles. Wearing it is a mark of respect and a sign of thanks.

    This is almost like someone burning the American Flag on your Veteran’s Day.

  • Asreal

    I agree with you 100%. Very well put!

  • Anonymous

    That you for the explanation, before I read it, this didn’t make any sense. Thought at first they meant Puppy’s!

  • Idlethoughts

    Though I agree that the article unfairly belittled the offensiveness of the photo, I still believe that the man should have a right to post it, similarly to how the first amendment has historically protected flag burning. Personally I believe that any form speech which does not put people or the nation at risk should be allowed.