Response Pro Forma

When responding it would helpful if you would complete this pro forma.
Please fill out your name and address or that of your organisation if relevant.
You may withhold these details if you wish but we will be unable to include
you in future consultation exercises.

Response Sheet
Contact details:
Please supply details of who has completed this response.
Response completed by (name):

Jonathan Bishop LLM

Position in organisation (if appropriate):

Principal

Name of organisation (if appropriate):

The Crocels Trolling Academy

Address:

The Institute of Life Sciences

Swansea University
Singleton Park
Swansea
SA2 8PP

Contact phone number:

01792 345105

Contact e-mail address:

jonathan.bishop@trollingacademy.org

Date:

28 February 2013

Please answer the consultation questions in the boxes below.

1. Do you agree with the approach set out in paragraph 12 to initially
assessing offences which may have been committed using social media?
It is important to distinguish those offenses which harm others (malum reus) from
those which have strict liability but where the offence has been carried out (actus
reus) but harms no one.
See these sections of the expert report:
Page 18. Suggested investigation protocols and evidence requirements for
Electronic Message Faults
Page 10. The Four Severities and Strategies of Internet Trolling

2. Do you agree with the threshold in bringing a prosecution under section

127 of the Communications Act 2003 or section 1 of the Malicious
Communications Act 1988?

As can be seen from the following part of the expert report, these Acts should be
used strategically depending on the severity of the offence:
Page 18. Suggested investigation protocols and evidence requirements for
Electronic Message Faults
Page 10. The Four Severities and Strategies of Internet Trolling

3. Do you agree with the public interest factors set out in paragraph 39?
Yes. It is important to distinguish those people that seek to harm people long term
(pertinax reus) from those who posted in the moment and then stopped.

4. Are there any other public interest factors that you think should also be
included?

Yes. Please see the following sections of the expert report:

Page 17. The Public Interest Test

Page 21. Appropriate Sentencing and Fining

5. Do you have any further comments on the interim policy on prosecuting

cases involving social media?

See the remainder of the enclosed expert report.