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Collins Pros And Cons

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The Director of Public Prosecutions is appealing to the House of Lords regarding the decision made by the Leicestershire justices who, on the 4th of October 2004, acquitted the defendant Leslie Collins. Collins was accused of sending by means of a public telecommunications network grossly offensive messages to his Member of Parliament, contrary to section 127(1)(a) of the Communications Act 2003 . The Divisional Court of the Queen’s Bench Division dismissed the Director’s initial appeal.

Over a two year period, between January 2002 and January 2004, the defendant sent by means of a public telecommunications system grossly offensive messages to his Member of Parliament, where he spoke either directly to Mr Taylor or members of his staff or …show more content…
Lord Brown suggested that ‘the very act of sending the message… constitutes the offence even if… communicated to someone who the sender knew would not be in any way offended or distressed by it’. This is supported by the legislation itself which articulates: ‘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’. What is important however, is whether or not the messages would be found grossly offensive by an ‘open and just multiracial society’.

Another minor legal issue was whether or not section 127 interfered with a person’s rights to freedom of expression in accordance to Article 10 of the Human Rights Act 1998 . Sedley LJ proposed that the legislation ‘struck a balance’ with the right to freedom of expression, because the reason for criminalising certain messages sent by telecommunication was to protect people from the receipt of such messages. The legislation simply prevents messages being sent via a public communications system; it does not prohibit what is said and heard in public or on the

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