Do English laws sufficiently protect sports stars from social media abuse?Yama Otung
- What was the state of mind of the offender and did he intend to create fear in the mind of the victim? If the threat is made in the context of a jokey exchange it is unlikely to meet the mens rea requirement of communicating with the purpose of causing “distress or anxiety” under MCA 1988 and/ or “annoyance, inconvenience or needless anxiety” under CA 2003;
- Did the recipient of the threat take it seriously? E.g. in Chambers the airport staff did not investigate the tweet or take any action; and
- Are the recipient and the perpetrator known to each other? A relationship history of animosity between the parties ought to increase the seriousness of a threat.
Protection from Harassment
Harassment on social media
Working with social media providers
Future regulation of social media
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- Tags: Action Sports | Boxing | Criminal Law | Football | Governance | Protection from Harassment Act 1997 | Regulation | The Communications Act 2003 | The Malicious Communications Act 1988
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About the Author
Yama is an Associate at Morgan Sports Law, providing advice to athletes and players on regulatory and disciplinary disputes in the sports sector. Previously, she trained at a boutique media law firm, spending time in the firm’s media, libel and privacy, public international law, and commercial litigation departments.