Violating Section 127 of the UK Communications Act 2003

One could argue that parts of this blog are in violation of Section 127 of the UK Communications Act 2003.

127 Improper use of public electronic communications network

(1) A person is guilty of an offence if he—

(a) sends 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; or

(b) …

(2) …

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

After all, this blog contains a large amount of bad taste, directed not least at the head of state of the country that passed this law, and even incendiary calls for an overthrow of the British monarchy.

"We did not find your blog funny."

Paradoxically, the most “grossly offensive” thing I can see on this page is the text of the law itself. “Grossly offensive” is such a vague term that it can cover almost anything. Or nothing. It doesn’t even specify to whom the statement in question must seem “grossly offensive”.

In a lively democracy – which I think the UK is – arguments will be exchanged every day that somebody, somewhere will find “grossly offensive”. Heck, I am no wimp, but even I hear stuff uttered every day that I find quite offensive and that makes my blood boil. Offensive against reason, against the laws of logic, against decency, against human rights. But I would never dream of invoking a law or the powers of the state to lock the person up who makes these statements, because I am left with two good alternatives: I can pick up the debate and try to get it civilized again, or I can stop listening and walk away.

I propose that the only way to demonstrate the ridiculousness and at the same time the danger of laws like these is for bloggers and other internet users to file hundreds and thousands of charges against each other for violation of Section 127 of the Communications Act 2003 and swamp law enforcement so much that they will themselves petition for the abolishment, or at least a concretion and limitation, of the law. But most likely, this appeal violates some other law again.

(Hat tip to the Liberal Conspiracy blog which is a case in point: although I disagree with a whole lot of what is being written on that blog, I enjoy the debate with them.)

About Andreas Moser

You will most likely find me in the forest, next to the lake, reading a book. Just follow the cigar smoke!
This entry was posted in Human Rights, Law, Politics, UK and tagged , . Bookmark the permalink.

25 Responses to Violating Section 127 of the UK Communications Act 2003

  1. Socrates says:

    Baiting Liberals on the Interwebz has become a national sport in the UK. Even for other Liberals. I’d hate to see the end of it. I’d have to switch to crank-calling EDL members :)

  2. revnowwhilewecan says:

    We here in the states would love to have this problem. We have a “leftist” administration that is passing bills that strip away our personal liberties so fast, it would make even G.W. Bush blush. I’m afraid they’re setting us up for something.

    • Which liberties are being stripped away?

      • Lillian Smith says:

        For example Andreas, with the Patriot Act a citizen can be arrested and held indefinitely in detention without proof of any wrongdoing – just on suspicion alone.

      • revnowwhilewecan says:

        Hi Andreas,
        There has been a string of bills passed the last few years passed to supposedly fight “terrorism”. I’m woking on the list to provide them to you by name but a couple of examples are, “indefinate detention” of ANYONE deemed a threat by the POTUS to possibly harm Americans in the future. Also, National Defense Resources Preparedness (NDRP). This is meant to be able to seize ANY resources in any emergency, not just war. I am new to politics and have no agenda as I’m neither republican or democrat at this point. I hate conspiracies but when one puts all of the pieces in place, it would seem as if they are preparing for something big. I will get back to you with a more organized response as I’m not a professional and it will take a moment to get the facts together. I am thorogh and will connect the dots for you as I see it. I think you will find it very interesting. I’ve become very weary of some media personalities but in following your articles, you seem to conduct youself with integrity and without political agenda. A combination which I’m sure you know is rare. Like I’ve said, I’m new to politics, but not young, (41) so if I’m wrong let me know. :)

      • revnowwhilewecan says:

        P.S.
        My reference to the “lefties” was not meant to show political partisianship but meant to make a point. I thought that the democratic party was supposed to be more for the people aka liberal than the republicans, no? From what I understand, so far, this POTUS has signed 113 executive orders as well as setting up shop here at home with oganizations like the TSA and just recently, the FEMA corps. To me, this does 2 things. Gives the illusion of troop reduction overseas while making federal forces here at home bigger and bigger.

      • Lillian Smith says:

        revnowwhilewecan

        Don’t you think that there is no ‘Leftist; anymore? I mean there is not real difference in the political parties in the US and increasingly also abroad, since all march to the same piper?

        I hear this word and “liberal media’ banded about a lot but to me this is just posturing to fool the people. One term you get Mr. Rigth Wing, then you get Mr. Leflty for another four yyears (but in actual fact nothing is actually changed policy-wise, on the international scene or at the national level) then the Lefty gets the blame for everything that is wrong, wihich is a good excuse to elect another Rightist that is a tad more Right than the previous one and so on and so on. Do you see the picture? In the meantime, both are actually Rightists and what you are witnessing is a game like Federation Wrestling, all for show and to full the punters. Anyways, this is my take on this one, arrived at through careful thought and observation. And this formula is being repeated everywhere, Europe included. Some would even dare call this a ‘conspiracy’ by the political elite to introduce fascism by stealth.

      • revnowwhilewecan says:

        I realize the Patriot Act is not the indefinate detention bill. Here is the link with a good tounge lashing by Rachael Maddow. http://www.youtube.com/watch?v=_msTII61hWY. This is the best example of political hipocracy at its finest.

        Lillian Smith: I agree whole heartedly that there is no difference in political parties. There is a one Ron Paul in the running. The establishment media and GOP are fighting to beat him down but he is not going anywhere despite blatant voter fraud and GOP “shenannigns”. The media is against him in full force with false poll reports and calling him things like “wacko” to try and sway voters. They call him this because he is the only one who wants to get rid of the CRIMINAL federal reserve, stop foreign aid, bring home all the troops and stop invading countries which are illegal, unconstitutional and bankrupting our country. Also, he wants to give more power to the states by getting rid of many federal laws and shrink the government which is turning us into a police state one sneaky “earmarked” bill at a time.Ron Paul is a direct threat to the establishment but he is supported by the majority of troops and millions of people despite what the media would have us believe. He is viral on the internet which is where more and more people get and trust their news from. Ron Paul could be running as a Shiite in the Baath party and most of us would hand write his name on the ballot. There’s an awakening going on in the U.S. right now and the powers that be are doing everything they can to fight it. Ron Paul is more than a person. He is a movement and if he doesn’t win the movement will continue.

    • OK, let me clarify my question: Which liberties are being stripped away by the “leftist administration”? The “Patriot Act” became law in 2001 that can hardly be blamed on the Obama administration which the previous commentator alluded to.

      • revnowwhilewecan says:

        Andy, is it ok to address you as Andy? Above was the link for the indefinate detention bill passed in 2008 I believe. It would’ve made Dick Cheney blush. As you can see I am no fan of any party as they all represent the same to me. I support Ron Paul who just happens to be a republican for (some of) the above reasons. When you watch the link a list of vids will come up on the right. Alot of which shows some of the other bills he has passed. Also, Rachael Maddow speaks about Tony Blair and the U.K.’s version of this bill which was fought from 3 months down to 28 days. One more thing. I have nothing against Obama as I believe his is doing what he is told to do as do most of the paid politicians in our country. They hate Ron Paul because he cannot be bought and his voting record as a 12 term congressman proves it. Do you know he is the only one to actually give a portion of his congressional salary back to the government? Let me know what you think of the link. Thanks and be safe.

      • Lillian Smith says:

        Andreas, there is no ‘leftist administration’. This all started way back with when before Reagan, Bush and is continuing under Obama. Forget the left-right labels. They are just that, labels. Both sides are owned by the same masters. And if a President thinks he is running the country, well we all know what happened to Kennedy.

      • Lillian Smith says:

        I find it odd that those that want to blame Obama for everything only go back 4 years and forget to mention what the Bush administration did and the wars it got them into and all the repressive unconstitutional laws that were signed into being. That said, I did not expect Obama to do anything different or even to change anything at all. Like I said, politics is there for show and to give the illusion of a democratic choice – in actual fact both parties are serving the same masters.

      • davidmalta says:

        I’m not sure exactly what being ‘leftist’ means anymore in Europe/U.S. I have a pretty fair idea of what it means to be a conservative, but the left has moved so far away from the socialist ethos from which it sprang that I’m not sure just what it represents today. Hardly ‘workers of the world unite’. What is kind of worrying is that in my own head I still consider myself to be to the left of the political spectrum, without exactly being able to pin down what that involves other than being a protest vote against the things I don’t like.

  3. 9,17. says:

    Ms. Smith, apropos Kennedy…
    http://en.wikipedia.org/wiki/Executive_Order_11110

    Might as well bring in Gaddafi now…

    And just for good measure…
    http://www.oilempire.us/euro.html

    Seems like messing with the Dollar is the kiss of death.
    Now I know why it’s referred to as ‘the almighty Dollar’. Just doing God’s work, I suppose (sorry Lloyd), and if it worked for him, it should work for ‘Ricky the twerp’..

    (seems like J.C just got promoted).

  4. revnowwhilewecan says:

    Lillian Smith:
    I agree 99.999% That’s why I’m 41 and have never voted. That’s why many of us 1st time voters are coming out in droves to support Ron Paul. He has never been apart of the establishment’s closed circle and has the voting record to show it. His policies truley transcend political parties.

    • Lillian Smith says:

      Yes I have heard him speak and I was very impressed. He sure is not one of the closed circle Republicans, he thinks more like an independent candidate to me.

      Let us hope that he has a chance to get elected and impart the changes that he rightly wishes to make.

  5. revnowwhilewecan says:

    Hi Andreas,
    These are a couple of the reasons I think the U.S. gov’t is getting ready for something big.
    The Administration of Barack Obama recently released the details of an executive order (National Defense Resource Preparedness) that has led some Americans to believe that the President is working to put the final mechanisms in place to enact martial law in the United States.
    The order calls for government acquisition of resources and the ability of the government to “foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, services, components, and equipment to enhance industrial base efficiency and responsiveness” if it is deemed vital to national security interests.
    The blog Lonestar Watchdog, in a recent post, raises new concerns about the President’s executive order: Can it be used to confiscate American citizens’ gold, silver and other valuables?
    The author writes:
    To speak hypothetically of a possible scenario that I would not put past Obama to try to pull. We can see again that the government is going to run out of money. This time congress is less reluctant to give in to the President’s wishes this time around. The dollar might fully collapse at a time they did not plan for in their timetable. It can be a fabricated crisis. Congress can refuse to raise the debt ceiling this time due to public pressure. Anything the President perceives as a national emergency, or does he need the money to fund the wars. He can enact the powers of these executive orders to go after anything.
    We can see a phony crisis being concocted to go after the American’s people gold, maybe even silver. He will order people like back when FDR was President to seize all safety deposit boxes and demand American to turn in their gold and silver coins, jewelry and would not surprise me if that be a couple’s wedding rings now required to be surrendered this time around.
    It is unknown whether the author is correct in being concerned that the Federal government will use such measures in an outright effort to confiscate individuals’ physical gold and silver investments. What is known is that the elite have been quietly confiscating wealth from hardworking Americans via currency debasement and wealth-redistributing social welfare programs for decades. Bob Livingston has been warning his readers about this for more than 40 years with newsletters (The Bob Livingston Letter™), books and websites. If you are interested in finding out how you can protect your wealth from the Federal government and the elite banksters, you can find a collection of Livingston’s most informative titles here.
    The above article is from Personal Liberty Digest.
    Also,

    The Department of Homeland Security has placed a rather large order
    for some 450 million .40 JHP while simultaneously placing orders
    for quantities of rifle rounds.

    We’re not talking range practice ammo either, the .40 is “barrier”
    penetrating hollow point ammunition according to the press release.

    This is alarming because the DHS is NOT the military fighting a
    war overseas where you would expect massive amounts of ammunition.
    The Department of Homeland Security is right here at home.

    450 million!

    DHS has just over 200,000 employees. Not all of them carry guns,
    but even at 200,000 it comes out to more than 2200 rounds per
    employee, and that’s just the .40 caliber.

    Video:

    http://www.2ndamendmenttv.com/page/9984.html

    - Brasscheck

    P.S. Please share Brasscheck TV e-mails and
    videos with friends and colleagues.

    That’s how we grow. Thanks.
    I have no affilations with these sites but find them very informative in the “goings ons” in the U.S. that the mainstream media does not report on. These two articles are from just today. As I’ve said, I’m very weary of alot of media sources but I’ve found these to be very reliable and fact-based. I really dislike conspiracies but when one adds the pieces together, I can’t help but suspect something is amiss. Anyway, I enjoy your seemingly unbiased reporting from abroad. This is what’s happening right now in the states. Keep up the good work and stay safe. Sharing is careing

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  7. mraemillerr says:

    Humm … try looking through Hansard and trying to find a debate on section 127. There isn’t one. It is a typical piece of “dormant” Blairite legislation that lies inactive on the statute book for several years before the authorities decide how and when to start implementing it. Also notice that TV, radio, stage and newspapers are explicitly exempted from the legislation meaning there is a two tier system. Those in the media are allowed to say more than ordinary mortals
    http://www.pearshapedcomedy.com/Twitter_and_The_Moving_Finger.html

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