Legal News

Does Twitter ‘joke trial’ help to clarify courts' approach to social media?

Published on: 31 July 2012

Table of contents

  • Original news
  • What is the problem of identifying criminal culpability?
  • How do you distinguish between a foolish comment and a menacing message?
  • How did the court approach Twitter, tweets and the Communications Act 2003?
  • What are the implications for social media?

Article summary

IP & IT / Crime analysis: Paul Chambers’ recent acquittal in the High Court for ‘tweeting’ a message of a ‘menacing character’ highlights the difficulties in prosecuting the offence created by s 127 of the Communications Act 2003 (CA 2003) and clarifies, to some extent, what the prosecution are required to prove to secure a conviction. This case highlighted the proximity of IP & IT with the criminal justice system and the way in which the law sometimes struggle to keep pace.

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