Involving the police is not the way to teach trolls a lesson
People have a right to be angry.
By Robert Sharp Published 31 July 2012 14:51
Another day, another Twitter controversy. Less than a week after Paul Chambers heard that the appeal against his conviction in the so-called Twitter joke trial had been upheld, we hear that the police have arrested another person for something written on Twitter.
The person arrested is a 17-year-old, who sent messages to the British Olympic diver Tom Daley. In one tweet, the troll said “u let ur dad down” and in another (later deleted) said that Daley should be drowned. It must be assumed that it is this language of violence which led to the arrest.
When it comes to the limits of free expression, context is important. The messages were deeply unpleasant, but did not appear to include any specifics. The teenager was in Plymouth, not in the Stratford Aquatics Centre. He did not call for others to take a specific action. This appears to be the kind of outburst that is commonplace in a noisy, modern, and connected society. The referees of every professional football match receive similar threats every weekend. Edwina Currie said that tax exiles should be shot. Jeremy Clarkson wants to murder the entire public sector. We often hear calls for bankers to be hanged. Outlawing this kind of speech might seem desirable in theory, but would be chaotic in practice.
The outrage against these tweets (and by extension, a justification for the police intervention) is that Tom Daley is a national treasure. This is true, but laws cannot only protect people we like – they need to work equally well for everyone. If another, less popular, athlete receives similar abuse, will there be similar outcry?
In fact, one could argue that death threats to public figures are less important than those directed at ordinary people. If a schoolboy living in one of the East London boroughs around the Olympic park receives a tweeted death threat today, it is likely to be from someone he knows and who he actually meets every day. This kind of bullying is much more serious that the "remote" trolling experienced by members of Team GB.
Daley, meanwhile, has a legion of supporters. He seems to be perfectly capable of dealing with trolls like this without the police being involved. His response to the unpleasant tweets was classy – he re-tweeted them! The troll then received a heavy social punishment – thousands of people wrote in solidarity with Daley. His antagonist was so humiliated that he later posted some gushing apologies. The storm should have ended there. What happens on Twitter, stays on Twitter. When confronted with offensive and threatening words, it is usually better to respond in the same medium. Fight a book with a book, a play with a play, a tweet with a tweet. Police involvement might teach that troll a lesson, but it also "chills" other people’s free expression. People have a right to be angry.
In the coming days, we may hear from a few luddites (almost certainly members of one or other of the Houses of Parliament) decry Twitter and the internet as somehow inspiring this hate. This is of course rubbish. Poor taste jokes and vocalised wishes that certain public figures should die horribly have always been a feature of discourse. Before, these comments were lost in the din of a crowded pub. Now, they find a kind of semi-permanence on Twitter, which gives them a credibility they do not deserve. However we respond to this new kind of speech, let’s not confuse the medium with the message.
Robert Sharp is head of campaigns & communications at English PEN
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22 comments
By the way, if you want a reason why this type of news story is a bad thing, check out the twitterfeed of @KirstieMAllsopp, for the kind of copy-cat attention-seeking it can spawn.
The online world is becoming steadily more aggressive and hostile. As this is likely to be the future for human communication it is critical that we reclaim the space for all people to express their ideas and opinions. We cannot allow it to be overtaken by Tweeters singling people out for their sex or race or sexuality, etc, or threatening to drown people or gang rape them or encouraging people to beat them up.
This is a censorship issue for sure, but as Ally Fogg rightly pointed out, not the one that people seem to think it is.
In order for there to be genuine freedom of thought and expression, by *all* citizens including the outsiders and minorities and weaker members of society, there has to be some neutral ground in the middle that acts as the market place. That is why freedom of speech laws have for a very long time put certain safeguards in place to protect people. We cannot defame, harass, intimidate, discriminate based on innate personal characteristics like race or sex, etc.
This Tweeter's original comment could be interpreted either as a form of malicious harassment or reasonable comment, and I would suggest that the people to decide which it is are precisely the institutions created to make these decisions - our courts. If we leave it in the hands of the public, only the loudest, most aggressive majorities get heard and democracy will be all the poorer for it.
If you look at the 'social disapproval' from the 'twitter community', it includes abuse at least as bad as that which provoked it, including death threats, homophobic insults and threats of violence. One presumes that none of these people will be arrested. Something is wrong with the idea that 'social disapproval' on twitter is automatically a good thing. Or indeed that it is effective. You forgot to mention that the 'gushing apology' was followed within minutes with a further torrent of abuse.
But I think you also misjudge the situation on a couple of counts:
If the person had been in Plymouth (which he wasn't), that could well have been concerning for Daley, who happens to live there.
For what was tweeted to Tom Daley, the person received a warning for harrassment. Meaning that he had not yet committed an arrestable offence in this regard. ie (and fairly crucially), he was NOT arrested for what he tweeted to Tom Daley. The person has been bailed, however, pending further inquiries regarding his tweets to other people, including one non-famous person in particular , who has been abused and threatened on twitter and on youtube by this person for some time.
The only relevance of Tom Daley in all this is that he brought the person's twitterfeed to wider attention, prompting large numbers of people to report him to the police. (and possibly prompting the police to take the matter seriously). But ultimately, this is not a freedom of speech issue. It's a question of the laws of the land applying to Twitter just as they apply elsewhere. If you abuse, harrass or threaten someone, to the point of committing an offence, you will be arrested. Like that lady on the bus. Or the train. Considering how much bullying is carried out on social media and the devastating psychological effect that this can have on the victims, it's right and proper that people should be protected from it and perpetrators brought to justice.
its coming to the time when one can be arrested by the thought police for even contemplating an abusive tweet .......surely this is entrapment
its coming to the time when one can be arrested by the thought police for even contemplating an abusive tweet .......surely this is entrapment
its coming to the time when one can be arrested by the thought police for even contemplating an abusive tweet .......surely this is entrapment
Freedom of speech should not allow people to harass and violently threaten people. It was aggressive, malicious and in such a way that Daley could well feel endangered. The police were right to arrest him, I hope a conviction will teach him a lesson.
Why is it that people constantly talk about freedom of speech yet never refer to freedom of thought? Something that is seldom used.
Thanks Will. That's interesting because most of the talk about defending free speech online (especially in other countries) sees it as precisely the same as free speech offline.
However, if we have different rules for Twitter wouldn't that result in a more liberal approach. Considering Twitter as Pub Talk, not publishing, for example, would allow all sorts of ranting and racism through the net.
I'm inclined to agree with you that generalised outburst shouldn't be criminalised and the three examples you gave were all aimed at groups rather than individuals which makes a big difference in my mind. In my job we often receive fairly vicious generalised invective aimed at us as group which doesn't concern me but if it was aimed specifically at me I would find it very upsetting. I can see that Daley would have felt threatened.
I worry too about leaving it to mob justice. Is it any better that an individual who has managed to annoy the social media masses is harassed by those same masses? Shouting someone down might not legally but does in effect restrict their freedom of speech. The other option is asking Twitter to police it but given that social networks become 'owned' by their users I think that's just as dangerous.
I don't think we can try and transpose the old rules of freedom of speech to the internet. We need to think about why freedom of speech matters and build new rules to protect that.
Thanks for the comments. Looking at the invective that this chap posted, my own opinion is that his tweets were an outburst, a rant, an aggressive response to being called out on his trolling. I include in this the threat to 'drown' Tom Daley, and the threat to 'ram a knife' down the throat of another user. In which case the social sanction is more appropriate than the legal. However, I can see how others might judge that he crossed the line.
No, this wasn't an isolated outburst. This was representative of what he usually posts. How far down did you scroll?
This young man's timeline contains an ongoing and sustained diatribe of racism, offensive language, threats and personal abuse which would certainly cause arrest if carried out in a football ground. Whilst I wouldn't expect charges, at least an arrest may cause a change of behavior. If our only remedy is a shrug of the shoulders it's probably time to leave Twitter to the trolls. This is not a freedom of speech issue. This behavior is simply unacceptable to most.
This young man's timeline contains an ongoing and sustained diatribe of racism, offensive language, threats and personal abuse which would certainly cause arrest if carried out in a football ground. Whilst I wouldn't expect charges, at least an arrest may cause a change of behavior. If our only remedy is a shrug of the shoulders it's probably time to leave Twitter to the trolls. This is not a freedom of speech issue. This behavior is simply unacceptable to most.
This young man's timeline contains an ongoing and sustained diatribe of racism, offensive language, threats and personal abuse which would certainly cause arrest if carried out in a football ground. Whilst I wouldn't expect charges, at least an arrest may cause a change of behavior. If our only remedy is a shrug of the shoulders it's probably time to leave Twitter to the trolls. This is not a freedom of speech issue. This behavior is simply unacceptable to most.
Oh ok - just read link. Daley retweeted it. My mistake.
As I understood it the guy didn't even write it. He just retweeted it.
If he gets arrested for that then Rick Dewsbury should be tied to a post in the middle of Trafalgar square and burned for his (quickly deleted but still available on the internet) Daily Mail article.
I abolutely agree with you Robert. My heart sank when I heard this item on the news this morning. I do not think the issue should have been given air time by the BBC. As you say Tom Daly dealt with the comment appropriately and adequately. Disapproval from the Twitter community is enough without getting the police involved.
I abolutely agree with you Robert. My heart sank when I heard this item on the news this morning. I do not think the issue should have been given air time by the BBC. As you say Tom Daly dealt with the comment appropriately and adequately. Disapproval from the Twitter community is enough without getting the police involved.
I don't believe police action is appropriate here either, but you seem to be discounting all the other messages of abuse that other Twitter user directly received from this lad. Many of them were far worse than anything he had to say to Daley. I think he was goaded by twitter users into continuing to carry on in this awful fashion; however, I think any attempt to argue that he did not violate the letter of the law would be ultimately unsuccessful.
He didn't say Tom 'should be drowned' he said that he was going to find him at the pool and drown him. Most likely the reaction of a teen struggling with aggression issues who has been backed into a corner, but how does anyone know that for sure? Everyone knows where Tom is living and working. Surely threats like this need to at least be checked out?