Temulkar Blaine wrote:Protection from Harassment Act 1997
This Act was passed following concerns that stalking was not dealt with effectively under the existing legislation. The Act des not refer solely to stalking but also covers harassment in a wider sense. The Act states that it is unlawful to cause harassment, alarm or distress by a course of conduct and states that GÇÿA person must not pursue a course of conduct, which:
amounts to harassment of another
he knows, or ought to know, amounts to harassment of the other.GÇÖ
Criminal Justice and Public Order Act 1994
This Act defines a criminal offence of intentional harassment, which covers all forms, including sexual harassment. A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he/she
uses threatening, abusive or insulting words or behaviour or disorderly behaviour; or
displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.
Malicious Communications Act 1998/Telecommunications Act 1984
Under this Act it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person. Under section 43 of the Telecommunications Act 1984 it is a similar offence to send a telephone message which is indecent, offensive or threatening.
Both these offences are punishable with up to six months imprisonment and/or a fine.
The Malicious Communications offences are wider ranging, but under the Telecommunications offences, it is likely that the Police will use the former Act to bring a charge.
The Communications Act 2003
The Communications Act 2003 is by far the most recent Act to be passed. Section 127 states that a person is guilty of an offence if he/she
sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
causes any such message or matter to be so
A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another by means of a public electronic communications network, a message that he/she knows to be false,
causes such a message to be sent; or
persistently makes use of a public electronic communications network
Thats UK law on cyberbullying.
1. Alexander pursued a course of conduct that amounted to harrassment of another individual, as a former lawwyer he knows or ought to know that would be harrassment. Inebriation is not an excuse. So there is an argument that he has breached the protection from harrassment act in the uk.
2. Alexandeer used threatening and abusive language with an intent to cause harm whether in jest or not is not material. That is a breach of the criminal justice act.
3. Alexander sent a clear and threatening electronic message which is in breach of the malicious communication act.
4. Alexander sent a public commuciaction wth the purpose of causing annoyance and needless anxiety to another in breach of the communications act.
Maybe those of you trivialising this issue need to take a good look at yourselves. Cyberbullying costs lives. We are fortunate in this case that it hasnt however Eve wont be so fortunate in the future if this behaviiour is allowed to go unchallenged.
Alexander was incredibly stupid whilst drunk he made an odious statement that is clearly in breach of UK/EU law. Laws which were used on monday to sentence a twitter user for six months in prison for abusing Patrick Muamba after his collapse. In effect a student got sent down for mocking Muamba and saying he hoped he would die. That student didnt incite others to harrass anyone which is considered a more serious offence.
Suicide is an incredibly emotive issue one I would have thought the goons of all people would be sensitive to. Maybe those of you trolling on this thread need to take a look at yourselves. YOur defending the indefesible.
Alexander has said he will do the right thing and resign and I applaud him for that. It is an act of contrition that would go some way to rehabilitating him in my eyes. To try and weasel out of that action now would be reprehensible.
As far as the legal situation in Iceland is concerned they have applied for EU membership and are currently alighning their legal system to reflect EU law. CCP dont really have any choice but to investegate this and act accordingly. If they do not then they leave themselves open to litigation and or prosecution is situations like this happen and sombody stupid acts on it.
Alexander man up and do the right thing, resign.