I think this thread is great. When people talk about why the US needs laws against hate speech and why we're all silly for worrying about slippery slopes and the like, having good counter-examples of government over-reach along with people cheering it on is really helpful.This is frightening. The fact that he is being jailed for this is absolutely insane. Some of the responses in this thread are making me sick to my stomach. He's being jailed for an offensive joke ffs.
Imagine charging people for offensive speech/material like this in the US.
Neither is suspending students for using the word "fuck" outside of school hours and property, but you didn't have a problem with that? What, we suddenly talking about jokes now? What happened to stuff like that not mattering and the important thing being how it's "disrespectful" and how the "punishment might be hard" but lessons still need to be learned and stuff? Why the sudden care about free speech here and not there? What happened to coming down harsh on these incidents because these people won't face consequences otherwise and how we can't have that?
Well it is disrespectful. Punishment may be harsh but that student needs to learn a lesson about conversing with people in superior positions.
Using aggressive and hostile language is likely to cause a confrontational interaction and will not serve to achieve anything more productive than an argument.
You are transparent as hell, man.Saying fuck outside of school is different than calling your congressman and telling him to get off his fucking ass.
The congressman likely realized the child wouldn't face repercussions at home if parents were notified so in-turn decided to notify the school where a lesson could be taught.
Neither is suspending students for using the word "fuck" outside of school hours and property, but you didn't have a problem with that? What, we suddenly talking about jokes now? What happened to stuff like that not mattering and the important thing being how it's "disrespectful" and how the "punishment might be hard" but lessons still need to be learned and stuff? Why the sudden care about free speech here and not there? What happened to coming down harsh on these incidents because these people won't face consequences otherwise and how we can't have that?
https://www.resetera.com/threads/nv...ng-f-bomb-in-a-call-to-his-congressman.30826/
You are transparent as hell, man.
Also, for reference, he wasn't actually jailed at all. See the update in this post where he was only fined like 800 pounds or whatever. No jail though, just a fine:
https://www.resetera.com/threads/ma...ilty-of-hate-crime.30797/page-33#post-7123152
https://www.independent.co.uk/news/...tes-mark-meechan-fine-sentenced-a8317751.html
A big issue with the type of person this attracts is that they'd rather donate to a guy making his dog do a Nazi salute than to a children's cancer or mental health charity because they're fucking garbage human beings.The £800 fine is silly.
The fact he's crowdfunded over £100,000 is just insane, don't people have real causes to donate to?
And a dude making a video he says is a joke while laughing the whole time? Not the same?
Dog should get it too IMO, the cocky little shit it is. Jokes aside, I know it's tired by now, but now we should focus on South Park for ripping on The Jews. This incident with the pug is NOTHING compared to the filth in that program that has been going on for decades. Calling for a ban of South Park is the first step, getting jail for Matt and Trey is likely out of the question since they are American, but we could go after people who watch the show. When I was at school we used to quote South Park all the time etc so many missed opportunity to clean up the scum of society. These are NOT jokes, they are NOT funny, context does NOT matter. Jailing people for comedy is ok, handing this kind of subjective power over thought and expression to the government is A GOOD THING and anyone who disagrees is just a Jew hating bigot.It's hilarious that he thinks right wing trash will stay focused on this or that the appeal will be over soon enough for him to capitalise the publicity from this into changing the law.
He'll be a footnote by March. Right wingers will be losing their shit over Brexit not going the way they want it to.
Should have jailed the flithy cunt to be honest. Justice system is too lenient to trash.
NahShould have jailed the flithy cunt to be honest. Justice system is too lenient to trash.
It's hilarious that he thinks right wing trash will stay focused on this or that the appeal will be over soon enough for him to capitalise the publicity from this into changing the law.
He'll be a footnote by March. Right wingers will be losing their shit over Brexit not going the way they want it to.
Should have jailed the flithy cunt to be honest. Justice system is too lenient to trash.
A recent conviction has sparked furious debates all over the political spectrum as to the magnitude of the right to freedom of expression, the place that context should play in the court, and the extent to which an intended joke can be deemed criminally offensive.
Mark Meechan, otherwise known by his online moniker 'Count Dankula', was convicted on 20 March 2018 for the improper use of a public electronic communications network, contrary to Section 127 of the Communications Act 2003 (CA 2003). Meechan was sentenced to pay an £800 fine on 23 April 2018 and has since confirmed that he intends to appeal the judgment.
The trial arose following a video uploaded to YouTube by Meechan in April 2016 entitled 'M8 Yer Dugs a Nazi'. The video consisted of Meechan demonstrating that he had trained his dog to respond excitedly when asked 'Do you want to gas the Jews?' and to give a 'Nazi salute' (raise his paw) when told 'Sieg Hail'. In addition, the video showed the dog attentively watching Hitler's 1936 Berlin Olympic Games rally and ended with an edited image of the dog with a Hitler moustache.
Meechan alleged that the video was meant entirely as a joke to be seen only by a select group of people, that there was no anti-Semitic or hate-inciting intention behind it, and that the court was considering it out of context. However, Sheriff Derek O'Carroll rejected these claims, finding that the video was 'grossly offensive' and thus fell afoul of Section 127 of the CA 2003.
This article contends that Meechan's conviction is wholly unsatisfactory, arguing that the offence set out in the legislation fails to appreciate the importance of context and is outdated in the modern age.
Section 127 and Meechan's Conviction
Section 127(1)(a) of the CA 2003, under which Meechan was convicted, states that a person is guilty of an offence if he:
ends 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 …
The leading case on this provision is DPP v Collins [2006], in which Lord Bingham set out the two necessary elements of the offence which the prosecution must show:
Unfortunately for Meechan, Sheriff O'Carroll held that both elements of the offence were satisfied in this case. Regarding the first requirement, the content of the video is clearly capable of being grossly offensive: as barrister and legal blogger Matthew Scott argues, if 'joking about gassing the Jews is not at least capable of being "grossly offensive" to some people it is hard to think of anything that would be'.
- The defendant must send a message that is 'grossly offensive'. It does not matter whether the message is received or actually causes the recipient offence. In determining whether the message is 'grossly offensive', the court must 'apply the standards of an open and just multi-racial society' and the words of the message 'must be judged taking account of their context and all relevant circumstances'.
- The defendant must have intended the words of the message to be grossly offensive or be aware that the words might be taken to be so.
Likewise, the second requirement is clearly present. Despite Meechan's assertion that the video was a joke, this does not change the fact that he would have been aware that the video might be taken as grossly offensive; in fact, the shock value of the offensive words used in the video is most likely precisely the reason the video is deemed comedic by many. As Sheriff O'Carroll observed, Meechan actively 'chose "Gas the Jews" as it was the most offensive phrase associated with the Nazi's that he could think of' and that 'it was so extreme that it added to the comedy'.
Criticisms of the Conviction
The Necessity of Context
The most criticised aspect of Meechan's conviction was Sheriff O'Carroll's rejection of the argument that the video should not be criminalised because its contents consisted of a joke. For example, Sheriff O'Carroll refused to treat as exculpatory Meechan's statement at the beginning of the video that:
My girlfriend is always ranting and raving about how cute and adorable her wee dog is. And so I thought I would turn him into the least cute thing that I could think of, which is a Nazi.
In addition, Sheriff O'Carroll gave no significant credit to Meechan's comment at the end of the video, in which he said: 'I'm not a racist, by the way. I just really, really wanted to piss [my girlfriend] off.' Instead, it was decided that Meechan's claims that the video had been created for comic effect were of limited importance because, in the words of the Scottish Prosecutor (the Depute Fiscal):
n a criminal court in Scotland [the defendant] does not decide the context of anything, the court decides the context.
The importance of context when considering an offence under Section 127 of the CA 2003 was made clear in Chambers v DPP [2012]. This case concerned the following message, tweeted by the defendant:
Crap! Robin Hood Airport is closed. You've got a week and a bit to get your shit together otherwise I am blowing the airport sky high!!
Upon arrest, the defendant repeatedly asserted that the tweet was a joke and was not intended to be menacing. After being charged under Section 127 of the CA 2003 and convicted in the Crown Court, the defendant appealed to the High Court, where it was stated that:
The [Communications Act 2003] did not create some newly minted interference with… freedom of speech and expression. Satirical, or iconoclastic, or rude comment, the expression of unpopular or unfashionable opinion about serious or trivial matters, banter or humour, even if distasteful to some or painful to those subject to it should and no doubt will continue at their customary level, quite undiminished by this legislation.
This represents a judicial confirmation that Section 127 of the CA 2003 does not necessarily act as a bar on comedy and demonstrates the potential for context to play an important role in cases such as Meechan's.
Nevertheless, the impact of this welcome pronouncement from the High Court is undermined by the wording of Section 127 of the CA 2003 itself: the requirement that the defendant needs simply to have been 'aware that the words might be taken' to be grossly offensive regrettably allows the intention behind the message in question to be disregarded. It was this element of the legislation that allowed the Depute Fiscal – and Sheriff O'Carroll subsequently – to conclude that 'context and intent are irrelevant'.
This is not to argue that the decision made by Sheriff O'Carroll was wrong: technically, he was correct in holding that there was not defence based on Meechan;s pleas that he intended the video to be a joke, as he still recognised that it could be considered grossly offensive. After all, the foresight of causing offence – which was present here – is all that is required for conviction. Sheriff O'Carroll was therefore correct to state that the description of the video as humorous was 'no magic wand'.
However, it should be made clear that this is a highly undesirable state of affairs: instead of focusing on the intention of the defendant, the offence effectively places emphasis on whether someone is ultimately offended. This rolls out a legal lottery, such that the criminality of a person's actions are dependent on the sensitivities of those reading or watching the message.
The fact that this is the case is particularly concerning in the modern age. Determining whether an act is criminal by considering whether it is offensive is – in today's society - inexcusably self-fulfilling. As has been argued by Kenan Malik:
n a plural world, the giving of offence is… inevitable… because where different beliefs are deeply held, clashes are unavoidable.
As a result, when a controversial video garners millions of views – as Meechan's did – it is inevitable that someone somewhere will be offended by it. This inevitability of offence results in the current legislation considering all content that is merely capable of gross offence as being actually grossly offensive, regardless of the surrounding context.
For this reason, it is clear that Section 127 of the CA 2003 should be amended to remove the basic intent aspect of the mens rea, instead only finding liability where the main purpose behind the defendant's message was to cause gross offence. Jokes would therefore not be deemed criminal unless they crossed into other outlawed territory, such as the incitement of violence or racial hatred. Whether the joke is funny or not would of course be completely irrelevant (not least because comedy is subjective) – what should matter is whether it was intended to be a joke.
Outdated Legislation in the Internet Age
A further notable criticism of Section 127 of the CA 2003 is that Parliament, instead of introducing a new offence to specifically target offensive content placed online in the wake of the rapid growth of the internet, was satisfied to simply amend pre-existing legislation. The result is that, even if Parliament insists on criminalising offensive content, its attempt to do so is ill-fitted for its purpose.
Indeed, Lord Bingham in Collins [2006] gave a brief explanation of the history of the current offence. He detailed how its genealogy can be traced back to Section 10(2)(a) of the Post Office (Amendment) Act 1935, which 'made it an offence to send any message by telephone which is grossly offensive or of an indecent, obscene or menacing character'. As the records in Hansard show, Lord Templemore explained to the House of Lords that the 1935 offence was enacted in order to protect the public from 'improper or obscene language' over the telephone or telegram.
This offence was then amended through the Post Office Act 1953, Post Office Act 1969, Telecommunications Act 1984, and – in an attempt to bring the offence into the internet age – the CA 2003. The law has therefore progressed from a statute which protects individuals from troubling phone calls to one that is intended to be applied in the modern world where content can be shared instantaneously with millions of people.
Before being taken down, the original 'M8 Yer Dugs a Nazi' video had over 3 million views – this is very different to a one-to-one phone call and any attempt to equivalate the two scenarios is inappropriate and misguided. For this reason, Meechan's act seems to fall outside the purpose of the relevant legislation. As was correctly argued by Matthew Scott:
It is one thing to protect individuals from grossly offensive personal telephone calls; it is quite another to protect groups of people from what are in effect public performances.
Conclusion
It may be tempting to look at the fact that Meechan was only sentenced to pay an £800 fine and think that, all things considered, everything turned out okay. This should not be the case: a precedent has now been set that allows the courts and CPS to challenge and criminalise comedy and free speech through the use of an unnecessary, ill-fitting and outdated law.
Section 127 of the CA 2003 needs serious reconsideration by Parliament. Whether someone faces prison time should not be dependent on the sensitivities of a random person on the internet. The restriction of offensive content leads to unacceptable uncertainty: the CPS is able to pick and choose which content it deems criminally offensive and which it doesn't.
Compare, for example, Meechan's video and the 'Are You Right There Father Ted?' episode of the popular show Father Ted. Both focus on Nazism as a joke, and yet only the former has been subject to criminal proceedings, presumably because the latter is, on the whole, considered funnier and so any offence caused is generally excused.
Meechan has indicated that he plans to appeal his conviction in order to ensure that 'we remove this precedent' as 'what happened to me... can [now] happen to anyone else and I wouldn't wish that on anyone'. Regardless of whether the video is funny or not, it is in society's best interests that his conviction is overturned. Otherwise, Meechan's case could indicate the beginning of quite a concerning path for the law to take.
No people refusing to understand context are the deceptive ones.Just remember, you can dismiss anything as a joke. People hiding behind the joke defence are being reallty deceptive.
No people refusing to understand context are the deceptive ones.
And the context argument has been used over and over ad nauseam, yet people refuse to listen. So to hell with it.
"It's just a joke" excuse for doing bigoted and racist shit is beyond tiresome.
quit normalizing this shit.
Yeah seriously, the thought of comedy being normalized is terrifying to me. What's next, comedy movies?! Tv shows?!
Look at you mr big brain. Thinking you're all smart for coming up with this retort.
Let me clarify for you: quit. Normalizing. Fascist. And. Nazi. Bullshit. Even as "jokes".
Took a photo of policeman Charles Harris, drew a penis on it using Snapchat, posted the resulting image to Facebook in 2012. Arrested, found guilty, ordered to pay £400 compensation, 12-month community order with 40 hours unpaid work.
"They confiscated my phone at the time and I still haven't got it back over five months later even though the case is finished now."[28]
Bahar Mustafa was charged in October 2015[29] for threatening communications on a social media platform. The wording of the statement made by the police[30] suggested two separate charges, one under Section 127 and another under the Malicious Communications Act. It was widely speculated that the communications were relating to the hashtag "#killallwhitemen".
In the meantime, the UK will just go after people for posting penises on police officers
I guess the killing of all white men needs to be gone after as well, even if the court can prove the context was anger/idiocy, not an actual threat
And add to that any jokes about Nazis because clearly if you make a joke about Nazis, even if it's 100x better than Meechans, you are really the literal fascist and should be jailed.
This case is a good example of when some people think they are mixing progressivism with the law, but really come out being as totalitarian/authoritarian as China/North Korea. I wouldn't be surprised to see blasphemy laws resulting in jail fully supported on this forum.
Okay? I was specifically pointing out one thing but thank you for your effort?
Fuck sake, who's given this scumbag so much fucking money.
I heard there was also a march or something ? lol this is great
Cunt is a gendered insult which I find grossly offensive.It's hilarious that he thinks right wing trash will stay focused on this or that the appeal will be over soon enough for him to capitalise the publicity from this into changing the law.
He'll be a footnote by March. Right wingers will be losing their shit over Brexit not going the way they want it to.
Should have jailed the flithy cunt to be honest. Justice system is too lenient to trash.
Cunt is a gendered insult which I find grossly offensive.
Should we throw you in jail too?
Also the idea that it's only right wingers who are against this is ridiculous.
Cunt is a gendered insult which I find grossly offensive.
Should we throw you in jail too?
Also the idea that it's only right wingers who are against this is ridiculous.
Mr Meechan was supported at court by the unappealing alliance of Tommy Robinson and Ricky Gervais. His supporters also include Breitbart News, James Delingpole and the rentaquote Tory MP Philip Davies. They are a motley and in some cases a rather unsavoury bunch, but on this issue they are right. The very savoury Adam Wagner, a leading human rights barrister, has also explained in very clear terms why he thinks the conviction is an indefensible restriction on freedom of speech.
It is time for Parliament to look again at S.127. It is wholly unfit for purpose.
You're free to report me and if it's reaches a point where the magistrates court rules I should be jailed, sure.
And freedom to insult/freedom from consequences is a right wing talking point. Unless you're referring to the so called ''centrists" who are actually right wing, but too cowardly to admit it.
Watch out, here comes a five thousand word post to say something that could be said with five from Audioboxer to put us all to sleep.
Watch out, here comes a five thousand word post to say something that could be said with five from Audioboxer to put us all to sleep.
No offense but you're basically resorting to a personal attack since you can't a really build an argument. This is clearly a pretty complex topic and you being incredibly reductionist and acting like a child when people disagree isn't really doing your case any favors at all.
Clearly the guy made a shit video we can all agree. However when people see this as government overreach, your crying wolf isn't actually bringing anything to the debate and just trying to avoid the topic all together. Do you actually have anything to offer on that topic or rather throw accusations at people who see there is clearly some complexity here?
No offense but you're basically resorting to a personal attack since you can't a really build an argument. This is clearly a pretty complex topic and you being incredibly reductionist and acting like a child, discarding anyone elses words, when people disagree isn't really doing your case any favors at all.
Clearly the guy made a shit video we can all agree. However when people see this as government overreach, your crying wolf isn't actually bringing anything to the debate and just trying to avoid the topic all together. Do you actually have anything to offer on that topic or rather throw accusations at people who see there is clearly some complexity here?
When did making observations about a person's posting habits become personal attacks?
And it's not a highly complex issue. Man teaches his dog to be offensive, is arrested for said offence and fined. All the talk about him being potentially jailed was always bullshit, all the talk about it setting a precedent was bullshit, all the talk about government overreach was bullshit.
What people who side with this guy want is rhe right to offend without consequence. They want to attack groups of people and then claim "it was just a joke bro, why are you so sensitive. Whatever happened to free speech"
I am inclined to agree with you, I find it quite strange that an offensive joke could potentially land you in prison, and even stranger that people here on this site would have been happy for him to go to prison over a crap video.I would rather put people to sleep than unironically wish to seek an authoritarian future where everyone you don't like is jailed.
When did making observations about a person's posting habits become personal attacks?
And it's not a highly complex issue. Man teaches his dog to be offensive, is arrested for said offence and fined. All the talk about him being potentially jailed was always bullshit, all the talk about it setting a precedent was bullshit, all the talk about government overreach was bullshit.
What people who side with this guy want is rhe right to offend without consequence. They want to attack groups of people and then claim "it was just a joke bro, why are you so sensitive. Whatever happened to free speech"
Because you wete acting childish and you still are. Again you've completely overlooked any actual concerns people may have despite being on the same political side.
You acting as if there's no discussion to be had is clearly wrong as the story has developed a fair amount of interest to the public. Personally I was OK with him getting whatever comes at him too and you can probably dig it up in this thread, because the guy is clearly not the type I care for personally. To pretend there's no discussion to be had about the case though is ridiculous.
The things people are voicing concern about can be detached from the person it all started from.
What people who side with this guy want is rhe right to offend without consequence. They want to attack groups of people and then claim "it was just a joke bro, why are you so sensitive. Whatever happened to free speech"
It does, yes- I want to be clear that free speech works quite well in the US.In UK hate speech is illegal, and saying to gas the jews is one of them. Only in US you will be allowed to deny the holocaust, works well for the US doesn't it?
Quit. Normalizing. Fascist. Reactions. To. Jokes.Look at you mr big brain. Thinking you're all smart for coming up with this retort.
Let me clarify for you: quit. Normalizing. Fascist. And. Nazi. Bullshit. Even as "jokes".
Ooh, I like that.