Fast Tweet Kills May Help Avoid Prosecution

Written By Unknown on Minggu, 03 Februari 2013 | 23.39

Twitter users who delete their offensive tweets soon after posting them could save themselves from being hauled before the courts, the country's leading prosecutor has told Sky News.

Keir Starmer, director of public prosecutions, said it was "not a get-out-of-jail card", but that the threshold for prosecuting people who abuse others on the internet should be high.

He said it was "relevant" for police to consider whether a "spontaneous" offending remark on Twitter and other social media sites had been removed swiftly and followed by an apology.

Libellous comments, or messages which breach court orders or were threatening, would still face prosecution regardless, he said.

This includes racist remarks, especially if targeted at an individual, which he said were likely to be treated as harassment.

Speaking on Sky's Murnaghan show, Mr Starmer said: "There's a lot of stuff out there that is highly offensive that is put out on a spontaneous basis that is quite often taken down pretty quickly and the view is that those sort of remarks don't necessarily need to be prosecuted."

He continued: "I think that if there are too many investigations and too many cases coming to court then that can have a chilling effect for free speech.

"This is about trying to get the balance right, making sure time and resources are spent on cases that really do need to go to court, and not spent on cases which people might think really would be better dealt with by a swift apology and removal of the offending tweet.

"This is not a get-out-of-jail card but it is highly relevant. Stuff does go up on a Friday and Saturday night and come down the next morning.

"Now if that is the case a lot people will say that shouldn't have happened, the person has accepted it, but really you don't need a criminal prosecution. It is a relevant factor."

But he said Twitter was not a place where people could "go and say what they like" without thinking of the circumstances.

He added he was holding a three-month consultation on new guidelines he had drafted.

Solicitor Rupinder Bains, who specialises in defamation, said Mr Starmer's suggestions made "common sense".

She told Sky News: "Everything comes down to context. It has got to come down to what was said, how it was said, who by, who to ..."

She  added: People do need to become aware that they need to think a little bit more before they say things."


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