the corollary to this would be that any kind of film recording would be public ? is that what you, and what you believe the law, says ?
Part of the problem is that the original intent for "Malicious Comunication" legislation has failed to catch up with current methods of socializing.
The original intent was to criminalize things like "Heavy Breathing" and "Poison Pen-letters"
Not to criminalize conversations in pubs.
The trouble is that Facepalm/etc now fulfills the same role as quiet chats in the snug did 25 years ago
And there lies the problem.
It should
absolutely be an offense to make specific malicious communications against a specific individual.
(And I hope that the Police and CPS will
vigorously pursue any threats made against the "Grenfell Six" as a result of their public exposure)
But it should
absolutely not be criminal situation simply to essentially overhear somebody else's conversation and be offended by it. No matter how unpleasant that conversation might be.
Back to the Burning question (As it were)
It was essentially a private "conversation" that a friend told a friend about (And so on)
Before social media, this would have petered out within one or two degrees of separation with only a small number of people involved and no real harm done.
Nowadays, With the internet, you can easily get the whole Seven and
everybody ends up knowing about it.
The correct response to this is not actually to criminalise private converstaions that "Escaped", it actually should be to restrict the "malicious Communication" definition to its original intent.
Create this sort of clip and send it to somebody directly affected by the Grenfell disaster with the
specific intent to upset or distress them
personally , then yes, bring on the prosecutions.
But being offended by somebody else's conversation that you happened to overhear (Especially if you actually had to go out of your way to do so. Remember, everybody here had to make the choice of clicking on the link in order to see what they were going to be offended about)
This should not be a criminal issue.
Absolutely not.