Another reply to my letter this time from UKIP MEP Gerard Batten, who it seems doesn’t consider this to be a non-European matter and so did reply and gives every sign of having read the Mail article I linked to. Sadly as far as I’m concerned they’ve ducked the question of if council should ever seek to prevent the electorate from writing about them and have got hung up on the language thing – I’ve followed up, here’s their reply:
“Dear A Voter,
I was not aware of this case in particular, but it is interesting and thank you for letting me know.
Of course I believe in free speech. But free speech has never included right to personally abuse, defame or threaten someone.
The point has been made before that people say things on the internet or by text or by twitter etc, that they would not say in public or in person. If this man was in a public meeting or in a public place would he expect to say the things he said about the councillor? Probably not. But modern electronic media is to a large extent a ‘public place’.
If the person in question were raising robust criticism concerning the councillor’s ideas, statemenents, or conduct in his duties that would be free speech. But in my view defaming someone personally or threatending them in some way is not. In this case the courts agree.
If someone used the language used here or made the alleged threats in public then they might find themselves charged with causing a breach of the peace or using threating language etc. Should people expect different rules to apply in the electronic media? More people are coming to find teh hard way that the courts apply similar rules.
Free speech by all means but not personal abuse, threats, lies and defamation. I hope you can agree with that.
Yours sincerely,
Gerard Batten MEP
UKIP London”
So I’m seeking clarification:
“Dear Mr Batten,
I agree that the same rules should apply via any media and that no one should be free to harass or threaten another. However what I’m asking and what concerns me is if it is ever right for an elected body to see to prevent one of the people they represent from writing about them in anyway? This is why I wasn’t asking about the specifics of this case, but rather the general principle of if Councils or any elected body should ever seek to prohibit anyone writing about them, rather than say prohibit the threatening or abusive behaviour?
Yours Sincerely,
A Voter”
Update A rapid an unequivocal response from Mr Batten:
“Dear A Voter,
I would agree that no elected body should have the right to prevent legitimate comment about their proceedings or actions.
Sorry if I did not make that plain.
Regards,
Gerard Batten”
