logoalt Hacker News

3rodentsyesterday at 8:56 PM1 replyview on HN

Again, that's not what the law states. The law is not broken when someone is alarmed or distressed by a comment. The law is broken if you post something that is "likely or intending to" which is not judged by the victim. If you walk into a police station in England and tell them that this comment on Hacker News alarmed and distressed you, it doesn't matter, it is up to the legal system to judge my intent, i.e: whether my comment was "likely to" or "intending to" cause alarm and distress.

Whether you agree with the law or not, it is important to be accurate when discussing it. The U.S. vs. U.K. (not) free speech law discussion online so often seems to frame them as fundamentally different, but they are on the same spectrum. The go-to example of the limits of free speech in context of the U.S. legal system is "Shouting fire in a crowded theater". The U.K. laws are the same in principle but a little further along the spectrum.


Replies

stinkbeetleyesterday at 10:44 PM

That's a horrific law. Criticizing certain religions and institutions are likely to offend many people. Criticizing a politician or criminal or bureaucrat is quite likely to cause distress to them and their supporters.

> The go-to example of the limits of free speech in context of the U.S. legal system is "Shouting fire in a crowded theater". The U.K. laws are the same in principle but a little further along the spectrum.

They are completely different in principle. The principle in the US is preventing the inciting of violence or a situation that could cause physical injury to others. In the UK it has become about protecting feelings of people who could just choose to not read, listen, or get themselves worked up about it.

show 1 reply