17th October 2022

Workshop Intro and Reading

In this workshop and lectorial we will discuss the substantive issues in light of this
document.

Please do not be intimidated by this, it is designed to assist your learning and help
you construct your advice to client coursework. Above all, have some fun with this
so feel free to ask ‘what if’ questions that might not be included here. These issues
are not clear cut so if all you have is questions, that is half the battle. A robust
lawyer will ask robust and pertinent questions.

Reading

o Chapter 5 of Murray 4th Edn will be most helpful here for background. Pp 87-
124.

o However, the most relevant section is in Chapter 6 so if you’re looking for

the barebones, pp 141-155 contains the key discussion points.

o If you want to see the CPS’ perspective, they have specific guidance in easy to
read form here: https://www.cps.gov.uk/legal-guidance/social-media-
guidelines-prosecuting-cases-involving-communications-sent-social-media

See Case Study Below…

 Particulars

Abusive Incident at the Afterlife Café

Instructions

Counsel is asked to advise as to culpability under the following:

Sections 4, 4A, 5 and SS.17-22 of the Public Order Act 1986

Section 127 of the Communications Act 2003
Section 1 of the Malicious Communications Act
SS 1-4 of the Protection from Harassment Act 1997

Nature of the Dispute

1. The Defendant in this matter, Mr Adam Smasher of Arasaka Tower, Corpo Plaza,
Night City, United Kingdom.

2. Mr Smasher frequently visits his local café, The Afterlife Club which is run by Rogue
Amendiares. The Afterlife Club offers free Wi-Fi to its customers on an unsecured
network.

3. Mr Smasher uses the club’s free Wi-Fi on a regular basis to promote his aspiring
political group the Typhon Party which is a group of likeminded people who are very
enthusiastic about “making England white again” and are self-described: ‘white
representative enthusiasts’. Nobody, subject to expert witness evidence, is clear on
the precise meaning of this and when questioned on this point, most members of
this group descend into unintelligible grunting.

4. On the 3rd of September 2022 Mr Smasher sent a series of Tweets using the Social
Media Platform Twitter targeting a local Buddhist community, predominantly made
up of Asian members but also includes some White British members, in Bristol to
 show its displeasure at their presence. These tweets included threats that stated,
inter alia:

“Get out of ar land utherwise were gunna get u lot out ded or alive!!^&”. (sic)

5. Members of this community have complained to the police and to Twitter. The
police have not yet responded to their complaint and Twitter replied after 2 days
claiming “the reported material does not violate our community standards. You may
block the user if you wish.”

6. On the 4th of September Mr Smasher saw a number of members of the Buddhist

community outside the Afterlife Club while he was preparing further Tweets on this
matter. He went outside and shouted: “Oi, you silly wanker’s coats look retarded,
innit!” One of the group extended his middle finger at Mr Smasher as they walked
away. Incensed by this, Mr Smasher then followed the group holding a steak knife
and shouted very aggressively “Oi! Come here and do that again. I’m going to cut it
off!”

7. On hearing the commotion, Miss Amendiares went outside, with the head chef, Mr
Jackie Welles, who was calling 999. Miss Amendiares shouted at Mr Smasher
“You’re a squirmy little bastard. Piss off and don’t come back!”.

8. Miss Amendiares then put a message on the club’s Facebook page that stated:

“Just had a run in with some local thugs! I swear, if this lot come back I’m
gonna slap every last one of them into oblivion.”

9. Mr Smasher feels very upset by Miss Amendiares’ Facebook post and is claiming that
he and his group have been intimidated by this.

10. However, following Mr Smasher’s complaint, he posted a picture of Miss

Amendiares with a meme caption reading: “You look like a good cut of meat… are
you?” on an public Twitter account. Miss Amendiares never saw this image but was
told about it before it was taken offline by Twitter.