Monday 24 September 2012

panGloss: Section 127 Communications Act 2003 - Threat or Menace?

panGloss: Section 127 Communications Act 2003 - Threat or Menace?: " LJ Bingham in Collins, in para 7 he observes the existence of the 1988 Act and thus deduces that the purpose of s 127 is "not to protect people against receipt of unsolicited messages which they may find seriously objectionable". Instead, it is "to prohibit the use of a service provided and funded by the public for the benefit of the public for the transmission of communications which contravene the basic standards of our society".
This history can clearly be seen of course in the preceding ancestor statutes - which originate from a time of state monopoly services over post and phone.  What LJ Bingham seems to be acknowledging is that  s 127 as formulated way back when, was about not wasting public money on transmitting material which was unpleasant. As such, the  words used forbid categories of speech which would now be permitted speech  in public using the Handyside test - or to put it another way, would be allowed in any pub or park." 'via Blog this'

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