Is a vile tweet about Captain Tom
really a matter for the police?
9 February 2021, 11:20am
Should it be
illegal to be a moron? That¡¯s the question we really need to
be asking ourselves in the wake of the arrest of a?man in
Scotland over a vile tweet about the death of Captain Tom
Moore, the Second World War veteran who became a national
treasure in 2020 for his NHS fundraising.
Police
Scotland has that a 35-year-old man has
been charged ¡®in connection with communication offences¡¯. What
it is he actually said wasn¡¯t made clear. But a subsequent , and much online chatter, points
to this delightful post: ¡®The only good Brit soldier is a deed
one, burn auld fella, buuuuurn.¡¯
That the post
was offensive ¨C and the person who posted it an idiot ¨C goes
without saying. But far more alarming than this single tweet,
or the psychology of the individual responsible for it, is the
fact it led to an arrest. In a free society, you should be
free to say objectionable things, even about someone as loved
as Captain Tom.
The tweet
could hardly be said to be threatening, harassing or inciting
violence against its target, given Moore has already died.
Instead, the hapless tweeter?seems to have fallen foul of ,
which makes it an offence to post something that is ¡®grossly
offensive or of an indecent, obscene or menacing character¡¯.
This is an
offence so broad that it has caught much less objectionable
individuals in its net. In 2018, a was given a curfew
for quoting rap lyrics on Instagram. That same
year, Scottish YouTuber was convicted under Section
127 and subsequently fined for a skit in which he taught his
pug to do a Nazi salute.
The thing
about offensive, even ¡®grossly offensive¡¯, speech is that what
constitutes it is entirely subjective. One man¡¯s sick joke is
another man¡¯s blasphemy. That the person responsible for the
Captain Tom tweet?said something most will find disgusting
doesn¡¯t make this case any less dangerous: in the end, he has
been arrested for saying something
nasty on the internet.
What¡¯s more, a
moral panic about ¡®trolling¡¯ could lead to the internet
becoming a less free place for all of us. The government is
talking about potentially fining social-media firms for
failing to remove . When this was tried in
Germany, it incentivised hasty moderation decisions that led
to .
In any case,
the idea that the internet is some Wild West now is patently
untrue. The law and Big Tech¡¯s own policies are already far
too restrictive. A 2017 found that nine people a day were
being arrested for offensive posts. And Silicon Valley, lest
we forget, recently deplatformed a sitting president on .
We seem to be
incapable as a society of condemning speech we find
objectionable without also demanding it be made illegal. Don¡¯t
go out of your way to upset people, treat others as you¡¯d like
to be treated, don¡¯t speak ill of the dead: these are all
perfectly good rules to live by, but they needn¡¯t be enforced
by law.
Another old
adage we¡¯d do well to remember is ¡®sticks and stones may break
my bones but words will never hurt me¡¯. We used to teach that
to small children. Now it is apparently a callous denial of a
serious problem, a trolls¡¯ charter. But if we only tried
sticking to it for a while, we¡¯d be in a much healthier place
as a society.