At 18:45 and 19:00 on Monday the 5th November 2012, someone texting from 07909 460 333 sent the following messages:
“Your speech at ‘traditional britain’ really scraped the barrel. you spend too much time in mumsie’s basement you child molesting homosexual.”
“You should collect your meds from a real Dr you FRAUD. Else you will be sectioned under the mental health act you faggot fantasist.”
I did think of calling the number, to see if the messages came from the account holder. However, I have decided not to bother. I suppose I could go to the plod. But, since I don’t believe the relevant laws should exist, that might be a touch hypocritical. I give the relevant laws below, but prefer just to publicise the messages and the alleged number of the texter.
The Laws Apparently Broken (Not described in my own words)
The Protection from Harassment Act 1997
The Criminal Justice and Public Order Act 1994
The Malicious Communications Act 1998
The Communications Act 2003
How these Acts can be related to bullying, and specifically to cyberbullying, is outlined below. If the bullying is based on sexual, racial or religious grounds, prosecution could be sought through anti-discriminatory laws.
Protection from Harassment Act 1997
This Act was passed following concerns that stalking was not dealt with effectively under the existing legislation. The Act does not refer solely to stalking but also covers harassment in a wider sense. The Act states that it is unlawful to cause harassment, alarm or distress by a course of conduct and states that ‘A person must not pursue a course of conduct, which:
- amounts to harassment of another
- he knows, or ought to know, amounts to harassment of the other.’
There is some anecdotal evidence that the police are more comfortable in bringing forward this law when dealing with issues of cyberbullying. The police have successfully used the Protection from Harassment Act to prosecute for the sending of offensive e-mails through the internet. Such messages will also constitute an offence under the Malicious Communications Act.
Criminal Justice and Public Order Act 1994
This Act defines a criminal offence of intentional harassment, which covers all forms, including sexual harassment. A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he/she
- uses threatening, abusive or insulting words or behaviour or disorderly behaviour; or
- displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.
- Malicious Communications Act 1998/Telecommunications Act 1984
- Under this Act it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person. Under section 43 of the Telecommunications Act 1984 it is a similar offence to send a telephone message which is indecent, offensive or threatening.
Both these offences are punishable with up to six months imprisonment and/or a fine.
The Malicious Communications offences are wider ranging, but under the Telecommunications offences, it is likely that the Police will use the former Act to bring a charge.
The Communications Act 2003
The Communications Act 2003 is by far the most recent Act to be passed. Section 127 states that a person is guilty of an offence if he/she
- sends 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; or
- causes any such message or matter to be so
- A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another by means of a public electronic communications network, a message that he/she knows to be false,
- causes such a message to be sent; or
- persistently makes use of a public electronic communications network
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