High Court to give "Twitter Joke Trial" appeal verdict

Lord Chief Justice to hand down judgment today

Later this morning the Lord Chief Justice will be handing down judgment for the High Court appeal of the "Twitter Joke Trial". 

This case is about whether a tweet constitutes a "communication of a menacing character" in circumstances where the tweet was self-evidently non-serious and caused no alarm or menace at the time.

In January 2010, an exasperated Paul Chambers suddenly saw news that his local airport was closed, thereby meaning he would not be able to travel to Northern Ireland to see a woman he had met through Twitter.  He tweeted to his 600 or so followers:

Crap! Robin Hood Airport is closed. You’ve got a week and a bit to get your shit together, otherwise I’m blowing the airport sky high!!

This was not sent to the airport.  Paul did not use the airport's Twitter address.  The tweet was clearly not meant to be credible: the use of hyperbolic language, the two swear words, and the excessive punctuation all point to the tweet being in effect a joke.  Even the ultimatum was absurd - the period given was a vague "week and a bit".  The plain meaning of the tweet was not that Paul wanted the airport to close or in any way menaced; this was a communication of someone who dearly wanted the airport to stay open.

However, some days later the tweet was found by an airport employee in an internet search.  He referred it to the airport security manager, who graded it "non-credible".  He in turn, because of process, passed it to airport security police.  They did nothing but referred it to South Yorkshire police.

And then, one fine day, and without having done anything wrong, Paul Chambers was arrested at his workplace by anti-terrorism police and marched in handcuffs to a police van in front of his colleagues.

After a day of interviews the police themselves realise the tweet was a joke intended for Paul's followers and decide not to charge for the "bomb hoax" offence for which he was arrested.  However, the police consult the Crown Prosecution Service.  The CPS decide to prosecute Paul under section 127(1) of the Communications Act 2003 for sending by means of a "public electronic communications network" a message "of a menacing character".  This offence was previously limited to telephony and dates back to the 1930s; but parliament - without debate - had widened it in 2003 to cover all internet communications.  Paul appears to have been one of the first prosecuted in respect of a communication sent over the internet.

Paul is then convicted in May 2010 by Doncaster Magistrates' Court and ordered to pay a fine and costs totaling £1000.  This conviction was upheld in November 2010 by Doncaster Crown Court by Judge Jacqueline Davis and two lay magistrates.  She ruled:

We are satisfied, on the evidence, that the message in question is menacing in its content and obviously so. It is difficult to imagine anything more clear. [...]

It is, in our judgment, menacing per se.

Paul was ordered to pay a further £1000 in costs.

Paul appealed to the High Court.  In February 2012, a two-judge court failed to agree, and a further appeal was ordered to take place before a three-judge court.  This hearing took place on 22 June 2012 before the Lord Chief Justice (who is also the head of the criminal justice system) and two other experienced criminal appeal judges.  

The appeal judgment is likely to deal with four matters: was Paul's tweet at the time it was found by the search engine still a message sent by means of a "public electronic communications network"; was the tweet as a matter of fact (or "actus reus") of a menacing character; was the tweet sent with sufficient intention that a criminal act be committed (the "mens reus"); and whether overall there was a violation of Paul's right to free expression under Article 10 of the European Convention on Human Rights.

The High Court has a wide jurisdiction: it can uphold the conviction; it can reduce (or increase) the sentence; it can discharge the conviction (which means that technically the offence was committed but Paul no longer has a criminal record); it can remit the case back for a re-trial; or it can grant the appeal outright and order an acquittal.

In the event Paul loses today the next step would be to apply to the Supreme Court for a further appeal on a matter of general public importance.

So today will be Paul's ninth day in court in a case which has now lasted two-and-a-half years.  

The decision is expected at 9.45 am.

 

David Allen Green is legal correspondent of the New Statesman and solicitor for Paul Chambers in this appeal.  He has been given permission to tweet the result from the High Court at @davidallengreen.  

There is a round-up of links on the last hearing at his Jack of Kent blog.

 

 

 

Royal Courts of Justice. Photograph: Getty Images

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

Photo: Getty
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Despite his “strong female leads”, Joss Whedon's feminism was never about real women

Many men in TV and film praised for their powerful women are still writing with the male gaze.

Kai Cole, the ex-wife of Joss Whedon, has written an essay alleging that the director isn’t quite the feminist he appears to be. Colour me unsurprised. There’s only so much good-guy posturing a feminist can take before she starts to become a little suspicious.

It’s not that I’ve any particular beef with Buffy the Vampire Slayer, nor that I think men shouldn’t speak out against sexism wherever possible. But I’ve long harboured a mistrust of male directors – Whedon, Woody Allen, Pedro Almodóvar – who gain a reputation of being “good at doing women”. Who are they, these magic woman-whisperers, who see through woman’s childlike, primitive exterior and coax out the inner complexity? How do they manage to present women, these blank, mysterious objects, as actual human beings?

True, these men are working against a backdrop of extreme sexism, in which film dialogue is dominated by males, while females become increasingly silent as they age. Perhaps one should be grateful to anyone who allows a female character to have some glimmer of an inner life, let alone exist beyond the age of 30.

All the same, I can’t help feeling this isn’t enough. We all know the joke about the male feminist who walks into a bar because it’s set so low. It’s all too easy to be “good at doing women” when all it takes is granting female characters the same desires and contradictions we’d grant to any other human being.

Women are not a specific type of puzzle for mankind to solve. The idea that it should take some noble, generous leap of imagination to empathise with us is an excuse men have been using to mistreat us for millennia. When responding to us as though we’re actual human beings – or at least, as though an interesting Real Woman subset of us are – becomes a USP, we should all be worried.

Whedon did go a little way to addressing this in his 2006 acceptance speech for an Equality Now award, in which he mocked the way in which he was constantly asked: “Why do you always write these strong women characters?”:

“Why aren't you asking a hundred other guys why they don't write strong women characters? I believe that what I'm doing should not be remarked upon, let alone honoured.”

If this sounds a little like a humblebrag, it can probably be excused. What’s harder to excuse is this idea that a man who boasts of surrounding himself with women like his mother – “an extraordinary, inspirational, tough, cool, sexy, funny woman” – is doing womankind a favour.

I’m glad you appreciate your mum, Joss, and that you apparently don’t feel threatened by other women like her. There’s a fine line, though, between valuing women and presenting them with a whole new list of impossible standards to live up to. This is why I could never quite buy into the liberatory potential of Buffy. There’s nothing impressive about a man failing to be intimidated by his own strong girl fantasy.

In E T A Hoffmann’s 1816 short story The Sandman, the hero Nathanael falls in love with Olimpia, a doll whom he believes to be a real woman. Once the truth is exposed, the men around him become concerned that they, too, may have unwittingly fallen for automata:

“Many lovers, to be quite convinced that they were not enamoured of wooden dolls, would request their mistresses to sing and dance a little out of time, to embroider and knit, and play with their lapdogs, while listening to reading, etc., and, above all, not merely to listen, but also sometimes to talk, in such a manner as presupposed actual thought and feeling.”

There’s something about the director who’s “good at doing women” that reminds me of this. There’s a recipe for dropping in just the right number of quirks, inconsistencies and imperfections to create a Real Woman Character, without making her so unsexy as to be instantly distinguishable from your Hollywood doll. It’s not that her actual thoughts and feelings matter; it’s all about where she’s positioned in relation to you.

As Sophia McDougall noted in her excellent essay on Strong Female Characters, male characters have complex personalities as a matter of course; female characters, meanwhile, are occasionally permitted to be strong, hence anomalous. The more nuance we see, the better. Even so, I’m tired of the veneration of men who fetishise Real Womanhood just as much as others fetishise the plastic variety.

According to Whedon’s ex-wife, the director’s declared feminist ideals never filtered through into real life. Whether this is true or not, this would be understandable. Real Women are not the same as real women. Equality isn’t a matter of men feeling “engaged and even attracted” to a more diverse range of females. It isn’t about the male gaze at all.

Whedon’s final response to the “why do you always write these strong women characters?” question – “because you’re still asking me that question” – has been seen by many as an explicitly feminist statement. But perhaps all it really meant was “because there’s still a gap in the market”. Because men will always find ways to benefit from other men’s sexism. If Real Women didn’t exist, some man out there would have to invent them. 

Glosswitch is a feminist mother of three who works in publishing.