Fabrice Muamba, jail and racist tweets

When does being offensive become an offence?

Liam Stacey, who wrote racist tweets following the collapse of Fabrice Muamba, is a vile idiot. But should he have gone to jail for what he wrote?

My first inclination is to think that regardless of the despicable things he said in the wake of the footballer's near-fatal collapse during a Bolton-Spurs game the other week, this man should not be put in jail for what he has written. To jail people for expressing racist views is to make martyrs of these people, to legitimise their sense of entitlement and victimhood, to reinforce the idea that we're living in a PC world where free speech has been outlawed in favour of politically correct speech.

I certainly don't wants to live in a country in which people aren't allowed to be offensive, appalling and even racists if they want to be. But where does conflict and debate between passionate and partisan football fans - I fear I must at this point introduce the word "banter", which is more often than not used to excuse despicable behaviour as being somehow a blokey get-out-of-jail-free card -- become a crime? When does being offensive become an offence?

There's a sense in which "banter" of a fairly unpleasant nature is and always has been part of football. Vile chants about Hillsborough and Munich still carry on, gloating about death and misery. Manchester United's Korean star Park-Ji Sung gets told he eats dogs; Liverpool supporters get told they eat dead rats. The hate levels rise. When players collapse, the cry of "Let him die!" goes out - though maybe not so much after the events at White Hart Lane.

Which isn't to say football fans are a horrible bunch, because there's a whole world of funny terrace chants, of genuine sporting rivalry and friendly animosity. Up and down the country every weekend, fans of opposing teams sit and have a drink together and tell each other to "have a good match" when they part to take their seats in opposite ends of the ground.

But in some cases, the rivalry spills over into violence, threats and crime. Where do you draw the line? Sometimes, the justice system gets involved and has to decide what's "banter" and what has strayed into something darker. There's now legislation to clamp down on sectarian chanting and abuse in Scotland, with the introduction of the "Offensive Behaviour at Football and Threatening Communications Bill", with a particular focus on football.

This isn't the first case in recent times of a tweeter landing in trouble for what they have written on the social networking site -- Sunderland fan Peter Copeland was recently given a community order after making racist tweets about Demba Ba and the number of black players in the Newcastle United side during some "banter" with a fellow fan.

What, then, was different about Stacey's tweets? In my opinion there are some differences that take it beyond simple trash-talking. The problem with talking about this subject is that to repeat what Stacey wrote is to repeat some truly awful things -- and most deemed by the judge, too awful to repeat.

His original tweet carried an "#haha" hashtag when the player had collapsed. He followed this up with a number of insults aimed at people who'd taken offence to that comment, widely retweeted by those who were shocked.

I suppose one test with these things is whether they would be offences if you walked up to someone in a pub and said them. While the "Fuck Muamba" tweet is disgusting, it's not targeted hate at one person to hurt them, whereas I think the others are, and have a racial element which only makes it worse. Are they threatening and hurtful words and behaviour? Do they incite racial hatred, more importantly? Stacey admitted the offence with which he was charged.

Much as I don't want to live in a world in which people's tweets are censored and scrutinised, we do live in a world in which bright, articulate footballers like Micah Richards feel forced to quit Twitter after being on the receiving end of a slew of racist tweets.

So what is to be done about it? Football has a long way to go before it can say it really has kicked out racism, and there really is a line between what's acceptable as a slanging match, or abuse, and out-and-out threats and incitement.

Sometimes, that line does get crossed, and Stacey has 56 days of his life to reflect on that.

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Nobody's bargaining chips: How EU citizens are fighting back against Theresa May

Immigration could spike after Brexit, the Home Affairs select committee warned. 

In early July, EU citizens living in Scotland received some post from the First Minister, Nicola Sturgeon. The letters stated: “The immediate status of EU nationals living in Scotland has not changed and you retain all the same rights to live and to work here. I believe those rights for the longer term should be guaranteed immediately.”

The letters were appreciated. One Polish woman living on a remote Scottish island posted on social media: “Scottish Government got me all emotional yesterday.”

In reality, though, Sturgeon does not have the power to let EU citizens stay. That rests with the UK Government. The new prime minister, Theresa May, stood out during the Tory leadership contest for her refusal to guarantee the rights of EU citizens. Instead, she told Robert Peston: “As part of the [Brexit] negotiation we will need to look at this question of people who are here in the UK from the EU.”

As Home secretary in an EU member state, May took a hard line on immigration.  As PM in Brexit Britain, she has more powers than ever. 

In theory, this kind of posturing could work. A steely May can use the spectre of mass deportations to force a hostile Spain and France to guarantee the rights of British expat retirees. Perhaps she can also batter in the now-locked door to the single market. 

But the attempt to use EU citizens as bargaining chips may backfire. The Home Affairs select committee warned that continued policy vagueness could lead to a surge in immigration – the last thing May wants. EU citizens, after all, are aware of how British immigration policy works and understand that it's easier to turn someone back at the border than deport them when they've set up roots.

The report noted: “Past experience has shown that previous attempts to tighten immigration rules have led to a spike in immigration prior to the rules coming into force.”

It recommended that if the Government wants to avoid a surge in applications, it must choose an effective cut-off date for the old rules, whether that is 23 June, the date Article 50 is triggered, or the date the UK finally leaves the EU.

Meanwhile, EU citizens, many of whom have spent decades in the UK, are pursuing tactics of their own. UK immigration forms are busy with chatter of UK-based EU citizens urging one another to "get your DCPR" - document certifying permanent residence - and other paperwork to protect their status. More than 1,000 have joined a Facebook group to discuss the impact of the referendum, with hot topics including dual nationality and petitions for a faster naturalisation process. British citizens with foreign spouses are trying to make the most of the "Surinder Singh" loophole, which allows foreign spouses to bypass usual immigration procedures if their British partner is based in another EU country. 

Jakub, a classical musician originally from Poland, is already thinking of how he can stay in the UK, where there are job opportunities for musicians. 

But he worries that although he has spent half a decade in the UK, a brief spell two years ago back in Poland may jeopardise his situation.“I feel a new fear,” he said. “I am not sure what will happen next.”