UK Blogger fined for 'menacing' comments

[upyourego]

A British Blogger was fined after writing a 'menacing' blog post about the new born baby of a policer officer dealing with his case.

BUT if you read the comment I personally don't see it as particularly menacing - more a badly written rant that probably should say "DC Lloyd, I feel sorry for your new born baby, I wouldn't want you as a dad".

A blogger who "let off steam" about the way he was treated by police has been convicted of posting a grossly offensive and menacing message.

Gavin Brent, 24, from Holywell, Flintshire, was fined £150 with £364 costs by magistrates at Mold.

The court heard Brent had been charged with theft offences - which have yet to be dealt with - and posted a message about a police officer's new-born baby.

Magistrates said any reasonable person would find the comments menacing.

In February, Brent was charged with 19 offences of theft and two charges under the Proceeds of Crime Act involving internet purchases.

The court heard how detective constable Steve Lloyd conducted interviews, but was not present when Brent was charged because his wife was having a baby.

'Freedom of speech'

Prosecutor Liz Bell said someone unfortunately told Brent why the officer was absent.

Brent then ranted about his perceived mis-treatment at the hands of police and the Crown Prosecution Service (CPS).

His posting ended: "P.S. - D.C. Lloyd, God help your new-born baby".

The officer and his wife saw the message and Brent, who is unemployed, was arrested at his home. He then claimed: "You can write on websites because it's freedom of speech."

In interview, he said he felt he had been mistreated and hoped the officer would not treat his child the same way.

Brent was prosecuted under the Telecommunications Act, relating to the sending of an electronic message.

He claimed he had not meant to be offensive, had used the blog "to let off steam", but had not intended any harm.

He apologised if it was perceived as a threat, offered to remove the offending words, and to write a letter of apology.

Asked if he realised how the officer and his wife would have felt when they read his comments, he said: "I can now. I am sorry. But their interpretation is different to what I intended."

Flintshire magistrates, sitting at Mold, said the blog was articulate, detailed, specific and critical of the police and the CPS.

They said any reasonable person would find the words about the baby to be menacing in the context of the overall blog.

The blog entry has been removed.
http://news.bbc.co.uk/1/hi/wales/north_east/7373639.stm

[Lilleput]

The blogger sounds like a real drain on society though you should not be fined for ranting on the Internet, that's just retarded and impossible to enforce in any other circumstance.

[Momentum57]

that would not happen in the United States we might tap your phone but we don't jail our commentators. Unless I am grossly misinformed on the relationship of Hannity and Combs they do kinda remind me of a pair in a cell and Combs is a bitch.

PS lilleput you can't hide your watersports fetish anymore eh

[Adunaphel]

^ Even when those "comments" are perceived as (terrorist) threats against policemen and their families? I think then the whole partiot act would come into play and the guy would be glad to walk away with just a fine.

The terrorist bit is hypothetical, not meant for this specific case.

[tigger]

Originally Posted by Adunaphel

^ Even when those "comments" are perceived as (terrorist) threats against policemen and their families? I think then the whole partiot act would come into play and the guy would be glad to walk away with just a fine.

Yeah, you can't just jail/fine someone for what they're saying. You can be charged with conspiracy to commit a crime, though that takes pretty solid evidence (ie they can't charge you for saying you'll blow something up unless you've got a mess of explosives at home and they can prove you're crazy enough to do it).

It seems like just about anything is possible under the 'Patriot Act'. However, they wouldn't come down on you for a short, misread comment on a cops kid. At least, I don't think they would .

Anywho, I see nothing wrong with the comment the guy made. I think it was taken out of context, and that he was just venting. Yeah yeah, "Oh noes! He's a criminal! He could kill a baby!" ... right. He's just some punk who got busted for what sounds like petty theft and decided to rant about it. Unfortunately he did so in the common-law governed Nanny State, where there are no rights and nothing offensive can ever happen. Ever .