How do we legislate for social media?

Another week and another case of a young man getting into trouble over social media postings.

Last week, it was Azhar Ahmed, who angrily ranted about soldiers on his Facebook page, and now faces trial under the Communications Act 2003 (though the initial charge that his posting had been “racially aggravated” has been dropped).

This week, it is Swansea student Liam Stacey. Twenty-one-year-old Stacey today pleaded guilty of a “racially aggravated public order offence” after he tweeted racist remarks about Bolton Wanderers footballer Fabrice Muamba, and then addressed further racist remarks at tweeters who challenged him. (you can view Stacey’s now-deleted timeline here. Very strong language http://www.youtube.com/watch?v=nA5v2eZ5ZZE).

The two cases have several common elements. Both involve social networking sites. Both involve young men. Both outbursts were reactions to widespread, communal grief.

And both raise the question: is the law as it stands fit for purpose? The pace at which social media changes the way we communicate is startling, even though the intuitive nature of much of the technology we use makes it seem normal. It is difficult now for many to remember life before Twitter, and almost impossible to think of life before YouTube, just seven years ago. We do not really think of posting a tweet or a Facebook status update as “publishing” or “sending a message” in the same way as printing a leaflet or even sending a text message.

The Twitter Joke Trial rightly upset many people, who saw in the prosecution of Paul Chambers a misunderstanding of both the message and the medium. But the question is, can a law be formulated that will accommodate free expression online? Or, given the changing nature of electronic communication, is any law doomed to obsolescence?

Padreig Reidy is Index on Censorship’s news editor

You can't read these tweets

Journalist, author and free speech advocate Nick Cohen was, for a while, a lively presence on Twitter. He gave up the highly addictive site to work on his latest book, a polemic on censorship called You Can’t Read This Book (as more than one reviewer has pointed out, you can and should read this book).

Book completed and published, Cohen set out on the promotional slog required of authors, and rejoined Twitter 10 days ago in order to plug his work. After a few tweets alerting real-world friends to his presence, Cohen found his account (@NickCohen2) suspended, without explanation.

Bemused, Cohen tried to set up a new account (@NickCohen4), using a different email address. Again, Cohen sent a few tweets before finding the account suspended within hours.

Cohen is yet to have an explanation of the suspensions.

The irony to a free speech advocate being blocked from the web is clear, not least as Cohen praises Twitter in his book. But the Observer columnist has had previous trouble with his online profile. Cohen’s Wikipedia page was subjected to repeated slanderous edits by “David Rose”, later outed on the Jack of Kent blog as Independent journalist Johann Hari, who had a very public falling out with Cohen in the pages of Dissent magazine. “David Rose” was found to have maliciously edited several other “enemies” Wikipedia pages, including that of Telegraph blogger (and former colleague of Hari at the New Statesman) Christina Odone.

Update (15:55, 16 March) @NickCohen4 is operational again

 

Saudi journalist facing the death penalty for his tweets reportedly to be released

A Saudi journalist facing the death penalty for a series of tweets deemed to be blasphemous is reportedly to be released. Hamza Kashgari, who fled his own country after tweeting a conversation between himself and the prophet Mohammed which sparked calls for his death, is expected to be released in the coming weeks to face a “light sentence”. Kashgari hoped to secure political asylum in New Zealand but was arrested in Kuala Lumpur while in transit, and sent back to Saudi Arabia.

UAE man faces jail time after tweeting insults to public official

A 42-year-old Emirati man faces up to three years in prison or a fine of 30,000 AED (£5,122) for tweeting insults to a public official. The man reportedly sent messages “using foul language” to Police Chief Lieutenant General Dahi Khalfan Tamim, and in court denied insulting the official, claiming that his comments were actually aimed at Tamim’s cronies. Tamim filed the case against the man after he reportedly tweeted insults at him for a second time. His case has now been adjourned to 11 March after his request for bail was rejected by a judge on Wednesday.