Jailhouselawyer's Blog

Rachel North London, whom I have a lot of time for and respect, highlighted on her blog an issue that is close to my heart. And that issue is bullying on the internet. Bullying in any form is totally unacceptable behaviour. It ironic that last night Rachel appeared on 18doughtystreet.com, the internet TV station, hosted by Iain Dale, to discuss the issue of internet bullying, when Iain Dale allows this type of thing to go on his blog Iain Dale's Diary. I thought it was irresponsible of Iain Dale to try to shrug it off as having nothing to do with him, on the ground that he is ignorant of the law on this issue. However, the legal maxim applies "ignorance of the law is no excuse". He is both the author and publisher of his blog, and is therefore legally liable for its content. He has adopted the its his blog he can do what he likes with it stance. He can as long as it is within the constraints of the law. Nobody is above the law not even Iain Dale. His attitude reminds me of some prison governors and the Home Secretary who believe that they are law unto themselves until challenged in the courts and judges tell them otherwise. But he is not alone with this couldn't care less attitude, Guido Fawkes behaves in a similar vein. Perhaps there should be a test case in the courts so that blog authors are taught the limits of acceptable behaviour on the internet?

I note that on Donal Blaney's blog that he does not allow anonymous posters. I think that this is a good idea. But it is not just the anonymous posters who post malicious and harrassing and libellous communications, there are the likes of "peter hitchens" and "verity" who are particularly bad examples of good conduct on the blogs. They feel that they are safe, however, it is not called the long arm of the law for nothing.

I advocate freedom of speech which is not an absolute right. There is a saying in prison that a few bad examples spoil it for the many. And this appears to be true of the blogosphere. If there is not going to be self regulation, then it should be for Parliament and/or the courts to regulate. Parliament has passed the Protection from Harrassment Act 1997, and the Malicious Communications Act 1988. Perhaps, they should be invoked to see if they are sufficient to stem this growing nuisance?