Internet Trolling (FTAO: Rt Hon Ken Clarke MP)

Jonathan Bishop LLM FBCS CITP <jonathan.bishop@trollingacademy.org>

: Justice Minister <general.queries@justice.gsi.gov.uk>

14 juin 2012 21:30

Dear Minister,
My name is Jonathan Bishop LLM FBCS CITP. I regard myself to the world's leading authority on UK and
Welsh Internet trolling laws. I run the following website: http://www.trollingacademy.org
I refer to the recent mentions in the news of amendments to the Defamation Bill to make it easier for flame
trollers to be prosecuted for "libel" according to some source. On this instance I wish to draw your attention to
Section 127 of the Communications Act 2003:
http://www.legislation.gov.uk/ukpga/2003/21/section/127
This section makes it a criminal offence to send a message via the Internet that is untrue. In effect, the laws
around defamation on the Internet is stronger than in the real-world where it is not a criminal offence. Equally,
I refer you to Section 6 Regulation of Investigatory Powers Act 2000:
http://www.legislation.gov.uk/ukpga/2000/23/section/6
This gives the police powers, on the simple say so of a Chief Constable to request the information that Nicola
Brookes went to the High Court for, and which it is suggested will be included in your Bill. In has been used in
the West Country to snoop on parents to see they are in the catchment area they say they are in!
If you could allow me to make recommendationa to you if you intend to make it easier for the public to access
this data which will in my view make it easier to 'out' flame trollers, and that would be mirror those
amendments made by the Digital Economy Act 2010 to make Ofcom responsible for regulating online
harassment, by amending the Communications Act 2003 to give powers to OfCom
and independent identity theft protection services as follows:
Section 264A - include online communities and social networks like Facebook as part of OfCom's Report
making. This could give identity theft protection agencies to request information on behalf of their
clients (I pay 70 for one of these services annually from the Identity Protection Service).
Replicate sections 3 to 18 of the Digital Economy Act 2010 on 'Online infringement of copyright' for
'Online harassment', so for instance OfCom would be required to inform identity theft protection
agencies on request if one of their clients was being harassed for them to take action under their client's
policy

In order for OfCom to be able to carry out these obligations then Section 6 of the Regulation of
Investigatory Powers Act would need to be updated so OfCom could request the data it needs to carry out
its report making.
As I'm sure you will remember, Lady Thatcher's government introduced the following Acts, which are basically
identical to New Labour's Acts, so the problem of online harassment (AKA Internet trolling) has always been
able to be solved:
http://www.legislation.gov.uk/ukpga/1985/56/contents
http://www.legislation.gov.uk/ukpga/1984/12/contents
This includes defamation being a criminal offence via communications networks in the case of the
Telecommunications Act 1984 (s.43):
http://www.legislation.gov.uk/ukpga/1984/12/section/43
I would be happy to provide any extra information the Ministry requires on this issue, as I have be studying
online communities, trolling and computer misuse in general for over 10 years. I think, as the government
appears to with the creation of the National Crime Agency, that the problem is more one of enforcement than
lack of legislation. I set out in this paper how the Welsh Government can use its non-criminal powers to
tackle the issue:
http://slr.oxfordjournals.org/content/early/2012/05/15/slr.hms016.extract

Sincerely,
Jonathan Bishop LLM FBCS CITP
Centre for Research into Online Communities and E-Learning Systems @ Swansea University and the
European Parliament
Correspondence address: Glamorgan Blended Learning Ltd, The ILS Building, Swansea University, Singleton
Park, Swansea, SA2 8PP
Telephone: 07092 107212