Online threats or trolling? Threatening specific imminent harm is very different from making rude comments. Saying “I hope you get raped by pigs” is different than saying hypothetically “My buddy cletus has a bunch of horny male pigs, and he’s coming by your house tomorrow”.
I’m not sure if the credibility of the threat matters or not. What if someone claims online they are about to blow up the planet? Blow up an entire airport? Ask Xenu to annihilate our universe?
People do go to jail here over trolling, or “rude posts”, depending on your definition. See the comments of this idiot who copied and pasted jokes about a missing toddler from Sickipedia on to his Facebook and got banged up for it. The law he violated; “It is a crime under the Act to send “by means of a public electronic communications network” a message or other material that is “grossly offensive or of an indecent, obscene or menacing character”.”
Your definitions for the poll rather vague - asking if people should be going to prison for “rude posts” in the title and for posters with “a pattern of abuse” in the poll itself. These are not necessarily the same thing.
No-one is getting jailed for making knob gags in internet forums. The people that have been jailed have done things like sending messages to people on social media threatening them with harm and sexual violence or sending messages to the parents of murdered childen mocking them.
One would likely fall foul of the law if one was sending such messages to people by post, so the laws are just being updated to keep up with modern technological advances.
The big problem I see here is it seems to me like the authorities get to decide what they consider rude. In certain circles, making ignorant posts about how Obama is a muslim or global warming is a hoax is “grossly offensive”. Or, another “grossly offensive” thing is claiming that the murdered kids at Sandy Hook Elementary were fake, that the children never existed and the parents were “crisis actors”. (all part of a liberal conspiracy to take away the guns of law abiding Americans)
My only concern that I think should be taken seriously is credible personal threats. If I tell an old GF I am going to come over and beat the shit out of her for daring to find a new BF.
I have a car,
I know where she lives
its 4 miles away
perhaps I have been abusive to her before or have prior violent criminal record.
the threat can be documented by the chat service
I think I have pretty much asked for at least a chat with the cops and a restraining order. If I am uncooperative, charged with criminal threats or something similar.
While online abuse should not be tolerated, I see potential for a real slippery-slope curtailing of free speech here.
What if authorities decide that comments such as, “9/11 was an act of Islamic terrorism” are Islamophobic and punish the speaker who expressed such an opinion?
Why should it be legal to communicate something via the internet that is not legal to communicate via some other form? I’m not allowed to threaten people via phone or snail mail, why should I be allowed to do so via another form of communication?
And there is definitely a difference between what the links provide and what the OP implies. I mean come on “jailed for my opinions”? Threatening to kill or rape someone is not an ‘opinion’.
I welcome this and think it’s very good that communication via social media is falling under the same protection as other ways of communicating. Frankly I’m starting to think that people shouldn’t even be allowed to post anonymously, I’m sick of the fake personas using anonymity to try and hurt people and stir up shit. If you can’t go online without threatening to kill or rape people, how about you just stay off line.
In McIntyre v. Ohio Elections Commission (1995), the Court struck down an Ohio statute that made it a crime to distribute anonymous campaign literature.