A man found guilty of sending a menacing tweet will learn the outcome of his challenge against conviction.
Paul Chambers was fined £385 and ordered to pay £600 costs at Doncaster Magistrates' Court in May 2010 after being convicted of sending "a message of a menacing character", contrary to provisions of the 2003 Communications Act.
He said he sent the tweet to his 600 followers in a moment of frustration after Robin Hood Airport in South Yorkshire was closed by snow in January 2010, and never thought anyone would take his "silly joke" seriously.
It read: "Crap! Robin Hood Airport is closed. You've got a week and a bit to get your s*** together, otherwise I'm blowing the airport sky high!"
But, in November 2010, crown court judge Jacqueline Davies, sitting with two magistrates, dismissed his appeal, saying that the electronic communication was "clearly menacing" and that airport staff were sufficiently concerned to report it.
Last month, John Cooper QC told the Lord Chief Justice Lord Judge, Mr Justice Owen and Mr Justice Griffith Williams the wrong legal tests had been applied and that Mr Chambers's right to freedom of speech under the European Convention was engaged.
He said it was obvious the tweet was a joke and it was sent by someone who did not hide his identity. It was certainly not sent in the context of terrorism and it was wrong for the crown court to make such an association.
Robert Smith QC, for the Crown Prosecution Service, said that, on any view, Mr Chambers, a man of previous good character, was "very foolish" to do what he did.
The question was, by whose standards and by what members of society would such a message be viewed as a joke, given that those who had access to it would probably not have any knowledge of the circumstances which led to it being sent.
Mr Chambers, 28, has received backing from celebrities including broadcaster Stephen Fry and comedian Al Murray.
No comments:
Post a Comment