Scottish woman told would be charged for homophobic and transphobic tweets

[ItsAllGoingToBeFine]

twitter.com/millar_marion/status/1396039074239164423?s=19

On Wednesday April the 28th 2021 I received a call from a PC Laura Daley from police scotland requesting i attend an interview for homophobic and transphobic tweets under the milacious communications act.

I was asked to attend that coming Friday, she told me I had to attend East Kilbride police station so I could be then transported to Cathcart police station in a police car because I would have to go to a police station where there is holding cells, I would be then processed, questioned and then most likely charged.

I told her I would not be attending any interview on that day especially with it being a bank holiday weekend because my autistic twins needed me and I was scared I would be held all weekend.

To this she told me she would attend my house with social workers for my boys.

I contacted a solicitor straight away and he was unable to get PC Daley so for the first bank holiday in May I sent my disabled twins away for fear of this officer carrying out this threat.

This absolute nonsense has been hanging over my head for a month, I can barely sleep
or eat and I still don't know what the offending tweet is, my new interview has been scheduled for Thursday the 27th May, I will find out what I am supposed to have said at that point and if I will be indeed charged, again at another bank holiday, I just want to say, anyone who knows me, knows I am not homophobic or transphobic, I am a hard working mummy who would fight to the end for the safety and dignity of women and girls and for my vulnerable twinnies.

If we sit back and do nothing we will regret it for ever. For this reason I will never
Wheesht.

#WomenWontWheesht

@allmywhat

She should have burgled someone instead, or stolen a car.

Or perhaps downloaded some child abuse videos - I know the cops have openly said they don't have time to prosecute all those cases.

I have never meant this more sincerely in my life, even when I used to listen to Rage Against the Machine: fuck the police.

THIS

I don't want to defund the police because I'm under no illusions that the men pushing for this are any safer for women. But I do want them held to account and made to do their job properly and to actually protect genuinely vulnerable people.

Would it help if we wrote OP?

To be clear, I don't know Marion personally, I'm just a long time twitter follower.

I'd be worried it would antagonise the police, who don't seem to be acting particularly neutrally. Marion has a solicitor, and is being supported by Forwomen Scotland.

I'm assuming the best thing to do is to keep an eye on her twitter, and I'd hope that if she wants help she will ask.

Neither the politicians or the mainstream media in the UK seem to want to stand up for online free speech rights. If it gets mentioned a bit, they aren't hardcore about it.

Rather, online speech is seen as a problem in need of control. "Disinformation", "Hate".

You threaten the media's free speech, and they will kick up a fuss over it. You threaten the free speech of regular people and they don't seem so interested.

I have just seen this on Twitter - there is something particularly horrifying and sinister about this, how can this be allowed to happen? And a social worker for the kids?

And then you think of all the fucking images of child abuse out there on the Internet, all the videos of women being raped on porn websites. And THIS is what the fucking go for? Just what the actual fucking FUCK?!

I'm not in Scotland, what can we do about this?!

I could cry.

I just saw this on twitter and came here to see if there's a thread.

It's utterly chilling, and an entirely predictable consequence of the hate crime bill. Women are such easy targets whilst drug dealers, abusers of women, downloaders of illegal images can seemingly act with impunity.

I hope there is a Go Fund Me or some other way of helping with costs.

This is fucking terrifying! Straight out of Gilead shit.

Is Fair Cop on this?

@toffeebutterpopcorn

Is Fair Cop on this?

Yep. They are watching. As is Joanna Turner. And at least 2 "known" journalists. Whatever the outcome it will be done in sunlight.

I wonder if the Police are happy to police women than actually protect women. Maybe they're looking for an easy life - oh no, they wouldn't do that would they?

Thank god my mum isn’t still alive. This eedjit seems to be based close to where mum lived - she’d be right down there to give her a row (had. I truck with anyone who messed with another mum ..
And as for the coming out story - talk about making a major production...

Mum (to sister, about 16 years of age) - you ok? You look a bit glum...
Sis - I had a row with Mary
Oh... your girlfriend?
Sis - me...eh? Er...
So - is Mary coming on holiday with us this year the ?
Sis -
Mum - was it suppose to be a secret?

°Yep. They are watching. As is Joanna Turner. And at least 2 "known" journalists. Whatever the outcome it will be done in sunlight.^

FFS Joanna Cherry.

So the polis want to ‘know what you think’ - www.scotland.police.uk/youth-hub/tell-us-what-you-think/

@FindTheTruth

Is this the *@HumzaYousaf* hate crime law in action?

Under a previous username I posted about this when it first was being hinted at, and it was pointed out that the HCB is not yet implemented. It looks like the complaint has been brought under the malicious communications act.

I wonder who by? Does she have an idea? Can you put in for a malicious complaint and harassment?

As a totally unrelated aside, Police Scotland are, of course, signed up to Stonewalls diversity champions scheme.

Baroness Emma? I know she has her hands full but this is right up her street.

I thought malicious communications were like death threat letters aimed at someone, or harassment, that kind of thing... not a women tweeting something that doesn't capitulate to a religious view point.

en.wikipedia.org/wiki/Communications_Act_2003#Malicious_communications

Section 127 of the act makes it an offence to send a message that is grossly offensive or of an indecent, obscene or menacing character over a public electronic communications network. The section replaced section 43 of the Telecommunications Act 1984 and is drafted as widely as its predecessor. The section has been used controversially to prosecute users of social media in cases such as the Twitter Joke Trial and Facebook comments concerning the murder of April Jones.

On 19 December 2012, to strike a balance between freedom of speech and criminality, the Director of Public Prosecutions issued interim guidelines, clarifying when social messaging is eligible for criminal prosecution under UK law. Only communications that are credible threats of violence, harassment, or stalking (such as aggressive Internet trolling) which specifically targets an individual or individuals, or breaches a court order designed to protect someone (such as those protecting the identity of a victim of a sexual offence) will be prosecuted. Communications that express an "unpopular or unfashionable opinion about serious or trivial matters, or banter or humour, even if distasteful to some and painful to those subjected to it" will not. Communications that are merely "grossly offensive, indecent, obscene or false" will be prosecuted only when it can be shown to be necessary and proportionate. People who pass on malicious messages, such as by retweeting, can also be prosecuted when the original message is subject to prosecution. Individuals who post messages as part of a separate crime, such as a plan to import drugs, would face prosecution for that offence, as is currently the case.

The Malicious Communications Act 1988 has a startling breadth. Look at section 1:

www.legislation.gov.uk/ukpga/1988/27/section/1

@ItsAllGoingToBeFine

As a totally unrelated aside, Police Scotland are, of course, signed up to Stonewalls diversity champions scheme.

I would be very interested to know if the personalised advice given by Stonewall to police forces includes the need to stamp down hard on perceived transphobic...

"So the polis want to ‘know what you think’ - www.scotland.police.uk/youth-hub/tell-us-what-you-think/"

Just filled this in. Unsurprisingly it asks for your "gender identity" and whether or not you are trans or have a trans history, but are not interested in your sex.

The problem with those guidelines is that they don't stop Section 127 being misused by the Police or others in a way to punish people for voicing unpopular opinions. Sure those pursued might fight back successfully at a trial or at an appeal but the chilling effect is considerable.