A trainee teacher evaded criminal records for sending anti-Jewish tweets to Jewish journalists. He was on vacation abroad at the time, so the judge declared that the law prohibits punishing you.
The verdict has led to a new call to expedite the proposed online damage bill through Parliament to settle the UK’s obsolete law on hate crimes on the Internet.
Sam Mole, 20, from Kettering in Northamptonshire, first tweeted from Dan Levene after a reporter tweeted against anti-Semitic chants during a match at Stamford Bridge. In Levene’s tweet, 6 million Jews were killed in the Holocaust, Mole said: Unfortunately, one of them wasn’t you.
However, one judge ruled that the mole could not be charged with sending racially or religiously aggravated malicious communications because he was on vacation in Australia when he tweeted. As a result, the alleged crime is outside the jurisdiction of British law.
District Judge Nick Watson, speaking at the Leicester Magistrates Court, said that the sender’s intentions were clear, but that the sender’s intentions were the ones harassing him. At the time, the mole was in Australia, so his hands were tied.
Watson added that most people think it is a crime to send them, whether the sender is in this country or abroad, but it is not the court’s authority to dictate public policy.
Mole received a three-year injunction banning direct or indirect contact with Levene, posting messages on social media, or encouraging others to do so. He was told he could go to jail if he broke this order.
Regarding the verdict, Levene said: The court made it clear that Sam Moles’ conduct was a criminal but technical issue, and this shows how the laws that require victims of online hate crimes to protect them are not doing their best.
A spokesman for the Anti-Semitism Campaign (CAA) said: The defendant who broke the law and had to be punished is out of justice. The online damage bill should be discussed and urgently enacted this year.
It should also give UK court jurisdiction over criminals residing in the UK and those targeting victims residing in the UK, the spokesman added. Problems with educational regulatory agencies.
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