preview

Social Media and Internet Regulation Essay

Best Essays

Trolling is the new title that has been given to harassment that takes place on the Internet. A common example of trolling would be sending provocative messages via a communications platform for the pure entertainment of the sender, which then has a harmful effect on the recipient. There are different types of trolling; messages sent to harm others for the sender’s gratification are called ‘flame trolls’, and those to entertain others for their gratification have been given the title ‘kudos trolls’ (Bishop 2012a, 2012b). Where these actions have the resource to legal remedies they are called ‘electronic message faults’ and where the message fails to constitute an offence ‘electronic message freedoms’, and there is quite rightly nothing to …show more content…

Over the years there has been a minimised application of mens rea within internet offences which has resulted in an increase in the number of convictions. Strict liability is frequently used for offences under the Public Order act 1986, where it is sufficient to prove a fault where the respondent posted the electronic message. Atkins v DPP [1989] Crim. L.R. 581 found that under s. 4 of the Public Order Act a person had to receive a message from the sender or someone acting on their behalf, and being retold the message did not fall under the ambit of the act. There have been problems with the Act when applying the relevant law to the offence of flame trolling as it remains ambiguous whether the referral to a person outside a dwelling that must receive the message includes somebody using alternative technology such as a mobile phone. In 1994 the POA was updated and Section 4A was introduced by the Criminal Justice and Public Order Act 1994, which now forbids ‘intentional’ harassment, alarm or distress. The provision was used in 2012 to prosecute a youth who had posted racist remarks on Twitter. After being prosecuted under the provision, the youth, Liam Stacey, served half of his 56-day prison term. The Malicious Communications Act 1988 (MCA) prohibited sending letters or articles that were offensive, indecent or threatening with the intention of causing distress

Get Access