Free speech campaigners today blasted Police Scotland over its decision to charge a man over an offensive tweet about Captain Sir Tom Moore.
A tweet sent shortly after war hero’s death last Tuesday read: ‘The only good Brit soldier is a deed one, burn auld fella, buuuuurn.’
Joseph Kelly will appear at Lanark Sheriff Court accused of communications offences.
Laurence Fox led anger about the decision today, tweeting: ‘The police should be free to do their jobs, which is investigate actual crime, not arresting idiots who tweet idiotic things.
‘Freedom of speech is the cornerstone of any open society. Protect it, even if you don’t like or agree with it.’
One libertarian Scottish Twitter user wrote ‘my country is a joke’ next to an article announcing the charge today.
Politics lecturer Adrian Hilton wrote: ‘Unless this tweet threatened violence or incited civil unrest or some other kind of harm, I’d very much like to know why this man has been arrested. We have a right to be ‘offensive’, and that’s a high bar. If anyone can send me the tweet, please do.’
It comes as the SNP continues efforts to introduce a new hate crime bill that will criminalise ‘stirring up hatred’ – a ‘vague’ definition that critics believe could legalise cancel culture.
Sir Tom, who helped raise tens of millions for the NHS during the first national lockdown, died in hospital last Tuesday
Senior lawyer Thomas Ross, QC, is one of the most high-profile critics of the SNP’s hate crime bill.
He warned it would be ‘impossible’ for Scots to know if they had committed a crime, which could lead to debate on controversial subjects being stifled.
He believes laws are already in place to deal with those who commit hate crimes, while the vague language used in the Bill could lead to serious offenders being acquitted.
Serious concerns have been raised, including over vague language and reference to ‘inflammatory material’.
Lawyers, politicians, campaigners and religious groups believe the law could have a devastating impact on freedom of speech.
In particular, they believe a section referring to the ‘stirring up of hatred’ signals that someone could be charged over comments perceived to be offensive, even if this is not intended.
There are also concerns people could be prosecuted for possessing ‘inflammatory material’ – which could include books, blogs, leaflets or social media. Those who share, forward or repeat such material could also face charges.
Mr Ross said: ‘If the Scottish Government is going to create an offence that can be committed unintentionally, drafters of the legislation have to make the essentials of the offence crystal clear. They’ve failed to do that.
‘The language used in the Bill is so difficult to understand that it will be impossible for the man or woman in the street to know when the line is likely to be crossed.
‘A person might think, “I don’t intend to be offensive and I don’t think this comment is abusive, but what might a mythical sheriff think about it if the procurator fiscal is persuaded to prosecute? Why take the chance”.
Laurence Fox led the free speech backlash today, while one libertarian Scottish Twitter user wrote ‘my country is a joke’ next to an article announcing the charge today
Sir Tom, who helped raise tens of millions for the NHS during the first national lockdown, died in hospital last Tuesday.
Police Scotland said a tweet about the 100-year-old was reported to them three days later and a man from Lanarkshire was arrested.
A spokesman for Police Scotland said: ‘On Friday we received a report of an offensive tweet about Sir Captain Tom Moore who died on Tuesday February 2.
‘A 35-year-old man has subsequently been arrested and charged in connection with communication offences and is due to appear at Lanark Sheriff Court on Wednesday, February 17.’
The World War Two veteran passed away after contracting coronavirus and pneumonia.
His daughters, Hannah and Lucy, issued a statement reading: ‘It is with great sadness that we announce the death of our dear father, Captain Sir Tom Moore.
‘We are so grateful that we were with him during the last hours of his life; Hannah, Benjie and Georgia by his bedside and Lucy on FaceTime.
‘We spent hours chatting to him, reminiscing about our childhood and our wonderful mother. We shared laughter and tears together.
‘The care our father received from the NHS and carers over the last few weeks and years of his life has been extraordinary.
‘We politely ask for privacy at this time so we can grieve quietly as a family and remember the wonderful 100 years our father had.’