Is insulting someone on Facebook a crime?

[KencoPlenco]

Hypothetical scenario:

Person A on Facebook calls Person B "a sex predator" and a "bulls****r".

The accused party returns the favour, telling Person A they are "a sex offender and should be registered on the sex offender list as well as a big fat liar".

Person A takes offence to this and claims he is going to involve a lawyer, and take Person B to court.

Person B even receives a message, via Facebook, claiming to be from aforementioned lawyer, saying "the statements are defamatory and malicious and as such are actionable under UK law".

So my question is, has any crime actually be committed here? Could Person B really be prosecuted for defamation, as Person A suggests?

 

[John Marwood]

I have a 12 inch

Picture disc

By Blondie

 

[Gramaisc]

It seems to me that it's more a civil matter than a criminal one. There could be criminal effects, however, if it could be shown that there was malicious intent and/or there was a fear of harm as a result ( just my opinion, yer honour )..

 

[KencoPlenco]

the reason i ask is that i know someone who is in a similar situation to the hypothetical Person B above, and they are worried that these threats are real.

the accusing party should have been reported ages ago with all the racial hatred he has against some of his "friends" for no apparent reason, its just silly, he also got the lawyer to contact them through Facebook. that's highly unprofessional.

 

[proactive]

Would it not simply have been easier to stop having anything to do with him on Facebook ages ago. Like perhaps you would do in, say, 'real' life?

 

[KencoPlenco]

it would have been easier yes... im not even friends with him and yet he stills comments

 

[John Marwood]

I have a simple method of removing unwanted people from my life

I write their name on a piece of paper, then turn it over and put it in a drawer

He's never been back to Brocton

 

[monkey bidness]

Seems to me that Facebook has become an eejit magnet.

 

[Withnail]

If you have called him a 'sex offender' when he isn't, then technically that would be libel. The fact that he, presumably, isn't on the sex offenders' register would be fairly substantial evidence in his favour.

The fact that he is an alleged bullshitter would, however, suggest that he is being economical with the truth - i would want to know the bona fides of his 'lawyer' for starters...

 

[John Marwood]

Never take legal advice from the internet

Apart from the following

Never ever take legal advice from a Stafford law

 

[wmrcomputers]

Are you even sure it's genuinely his lawyer that has contacted you and not just a fake profile?
It could just be me, but personally I doubt ANY lawyer in this country would contact ANYONE via facebook apart from in their personal lives.

 

[Gramaisc]

It could just be me, but personally I doubt ANY lawyer in this country would contact ANYONE via facebook apart from in their personal lives.

You need to keep up with the technology, dude - http://www.telegraph.co.uk/technolo...yer-uses-Facebook-to-serve-court-summons.html .

But, I do agree that it all seems a bit unlikely...

 

[wmrcomputers]

The world has gone mad!!

 

[Gramaisc]

The world has gone mad!!

No, you're just getting old and out-of-touch.

 

[wmrcomputers]

Haha!! I'm so anti-facebook I should be best friends with Jeremy Kyle!

 

[Spelunker]

The trouble is social media is now subject to the same censure as everything else. Look at all of the recent cases where comments on facebook or twitter have been taken as defamatory and libellous.
The problem that you have is if you did call him a sex offender on a public forum and he is not on the offenders register then you have made a statement towards his character which is untrue. If that comment is deemed malicious then you could be subject to both criminal or civil prosecution. The problem is if you do not have any evidence of previous harassment to counter this claim and if evidence exists of the thread that you posted then I would do two things:-

Remove the thread as soon as possible.
Offer up an apology to the person concerned(even if he is full of bullshit) on the basis that it was a joke that has been received wrongly and show that you are a mature individual who can admit where things went wrong.
If it does go to legals then you can prove to the Judge that you did everything to put matters right, which will go some way to mitigate the circumstances.

Good Luck

 

[Gramaisc]

Did criminal libel not go off the books in 2010? It was rare enough, anyway.

 

[Spelunker]

Did criminal libel not go off the books in 2010? It was rare enough, anyway.

Yes I think you are right.

This could still be considered criminal if a)It is deemed malicious, b) the Police can be bothered and c) if it was deemed in the public good.

 

[Gramaisc]

Yes I think you are right.

This could still be considered criminal if a)It is deemed malicious, b) the Police can be bothered and c) if it was deemed in the public good.

Indeed, but I would concentrate on avoiding any civil action. You might be accused of threatening behaviour or some other catch-all offence, but 'they' are unlikely to be bothered unless you do it to somebody that matters.

 

[proactive]

The whole thing is just so unnecessary, from every angle and will no doubt reflect on all concerned very badly if present/future employers should decide to do any snooping (as they seem to do more and more).