Good find! Though I don't think that one line from the minister is the de facto basis of the law is it, else this guy couldn't be charged with being grossly offensive, because it wouldnt even be a law.
I'm just questioning your assertion that being offensive isn't a crime [absolute] or are we just arguing where that subjective line of offense is?
What about the offending public decency act? The clue's in the name
We have freedom of speech as per the European Convention.
https://en.wikipedia.org/wiki/Freedom_of_speech_by_country#_United_Kingdom
It is true that we don't have "the right not to be offended". i.e. being offended isn't a good enough reason to remove someone else's right to speak. E.g. I can call someone a fattie.
However, there are tons of exceptions, as you can see on the Wiki page, they're about 'protected characteristics'.
Generally there's confusion about religion as a protected characterisitic.
https://en.wikipedia.org/wiki/Hate_speech_laws_in_the_United_Kingdom
So folks who want to criticise Islam find they get done for 'hate speech' because muslims take offense.
The distinction should be that they're talking about an ideology, not a person or group of people (muslims).
There are serious conversations about Islam which need to be had, and these laws get in the way.
Specific to this case, I think the relevant law is this:
https://www.legislation.gov.uk/ukpga/2003/21/section/127
That's very clear that if you post something grossly offensive online you can get up to 6 months in prison.
This is where the subjectiveness comes in. I couldn't tell you what grossly offensive means, how many people I have to offend, how is it different from just plain offensive.
In this trial zero people made complaints (only the one staged by the police), so apparently the number of people you have to offend is zero!
No mention of protected characteristics, just straight up not allowed to offend people, but only using electronic communication.
So all you have to do is offend people in person instead??
I'll happily admit I don't really understand it. I've really tried to work out what the law is, what I can say or can't say, and how much of it depends on who's listening, but I'm not able to work it out. The only way to be sure you comply with these laws is to say nothing.
I just know we should be able to discuss Islam. If our law prevents that, our law needs to change.
I don't really care about this guy's joke. I think it was poor taste. But it needs to be clarified for comedians so they know how edgy they can be.
Edit:
- If this law was applied consistently, half of twitter should be in prison.
- Most online comms is anonymous, does that mean the law doesn't apply? No. But if you're doxxed then you get done? But the doxxing is a crime?.. complicated..
