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Published: Monday, January 03, 2005
Bylined to: Carlos Herrera

Malicious communications and internet terrorism ... the same crime in the UK?

VHeadline commentarist Carlos Herrera writes: On the BBC web site it was reported today that:

Christopher Pierson, 40, was arrested on New Year's Eve and charged on Sunday with malicious communication and causing a public nuisance. Father-of-two Pierson, from Ruskington, appeared before Horseferry Road Magistrates' Court in London on Monday. He was remanded in custody by District Judge Daphne Wickham until 24 January.

This individual wrote to people in the UK pretending to be the Foreign & Commonwealth Office in Thailand, informing them that their missing relatives involved in the Asian tsunami tragedy, had been confirmed as dead. As a result, Pierson was charged with:

...causing a public nuisance and a further charge under Section 1 of the Malicious Communications Act...

This is interesting for me and my colleagues in Venezuela since there have been many complaints and articles written on the terrorist activity of A. Boyd via his hate-Venezuela website based in London.

Refer to the recent VHeadline articles: Can we really accept this sort of terrorism on the Internet? and Hitting a raw nerve when the right questions are asked... and which could be interpreted both as not only being a call to threaten violence against a sovereign state and a democratically elected government in the case of Venezuela, but also, and more importantly, as being malicious communications, as outlined in the UK’s Malicious Communications Act.

Here are the relevant sections of this law for VHeadline readers, and the British Authorities:

Malicious Communications Act 1988 section 1

(This is the wording of this section as amended by Section 43 Criminal Justice and Police Act 2001. It applies to offences committed from the 11th May 2001 onwards)

(1) Any person who sends to another person

(a) a letter, electronic communication or article of any description which conveys

(i) a message which is indecent or grossly offensive

(ii) a threat or

(iii) information which is false and known or believed to be false by the sender

Telecommunications Act 1984, section 43

(1) A person who

(a) sends, by means of a public telecommunication system, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character or

(b) sends by those means, for the purpose of causing annoyance, inconvenience or needless anxiety to another, a message that he knows to be false or persistently makes use for that purpose of a public telecommunication system, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both

Being a responsible and law abiding citizen, I make a public call to the British Intelligence Services, Special Branch Police and the Home Office (Internal Affairs) for investigation of Boyd’s activities in London ... in the light of the arrest of this Pierson character and the charges brought of malicious communications.

  • If the British authorities do not act speedily, I make a personal call to Venezuelan Ambassador in London, Alfredo Toro Hardy to take this matter further and pressure the British authorities to act, in strict compliance with the law.

To assist British authorities in this matter, the two addresses I have for Aleksander Boyd are: CENSORED!

I hope to see results soon in this pending investigation.

Carlos Herrera
Carlos.Herrera@VHeadline.com

More VHeadline.com commentaries by Carlos Herrera

Editor's note: Since Monday's publication of this editorial, VHeadline.com has been in receipt of email threats from Aleksander Boyd claiming that publication of public domain information of his address and telephone number is (somehow!) in contravention of the UK Data Protection Act 1989.  Our lawyers inform us that while this claim is both unrealistic and untenable, we have nevertheless decided to eliminate the direct information and ... as a service to our readers worldwide ... to provide respective public domain links to the requisite information.

http://www.whois.sc/vcrisis.com

http://www.alexa.com/data/details/main?q=&url=vcrisis.com


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