Guide to appropriate trolling laws for specific offences

May 12, 2012

In research approved for publication in the International Review of Law, Computers and Technology, trolling expert Jonathan Bishop proposes the following framework for determining which laws to use for generic flame trolling offences where no dedicated law exists whereby if the same offence was committed offline it could be prosecuted under other laws. This research paper introduces the concept of ‘Trolling Magnitude‘ for rating flame trolling messages, in order to pit-point the severity of a posting. The scale runs from 1 to 4, with 1 representing a message where little planning and effort went into it, up to 4 where a significant amount of planning and effort went into the posting.

Trolling Magnitude

Trolling type

Severity

Criminal penalty

1

Cyber-bantering

Playtime

(In the moment and quickly regret)

Minor

Fixed penalty notice £75

Major

Fixed Penalty Notice £150

2

Cyber-trickery

Tactical

(In the moment but don’t regret and continue)

Minor

Common law detention for breach of
the peace as permitted by s.40(1) of the Public
Order Act 1986.

Major

ASBO under
s.1 the Crime and Disorder Act 1998, subject to s.1c for youths.

3

Cyber-bullying

Strategic (Go out of way to cause problems,
but without a sustained and long-term campaign)

Minor

Harassment warning under the
Protection from Harassment Act 1997 .

Major

Custodial sentences of no more than
56 days under

Public Order Act or 18 weeks under the Malicious Communications Act.

4

Cyber-hickery

Domination

(Goes out of the way to create rich
media to target one of more specific individuals)

Minor

Restraining order under s.5 of the
Protection from Harassment Act 1997.

Major

Custodial sentence under s.127 of the
Communications Act 2003, of up-to six months for each act.

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3 Responses to Guide to appropriate trolling laws for specific offences

  1. Tony on October 3, 2012 at 9:21 pm

    Where do you get off telling people what the punishments should be for trolling? You don’t even understand what trolling is and the diffence between trolling and being a w*****r.

    All you’ve done is pick up on a here today gone tomorrow media buzzword and appoint yourself the big I am about something you don’t even have a clue about.

    Trolling isn’t illegal. It never has been and it will, I hope, never be because what you are talking about isn’t trolling. Stop believing the crap you read in the papers or have looked up on wikipedia (which is full of s**t anyway)and use a bit of that enormous scholorlay mind of your and check your f***ing facts.

    Why don’t you stop pretending you know anything about trolling and at least have the honesty to change the title of your lamentable ‘institution’ to ‘The Crocels School Of Not Knowing What The F**k I’m Talking About’?

    At least that would be honest.

    • jonathanbishop on October 4, 2012 at 4:00 am

      Could you please point me to your credentials on the subject please? Mine are pre-eminent. You can read (I hope you can) my authoritative account of the changing meanings of the term trolling here.
      The Trolling Academy was founded to correct the media presentation of trolling as something always immoral.
      I also made a complaint to the BBC and PCC about the wrongful use of the term trolling by the media. The conclusions included that the use of the term has changed. One must change with the times and I have.

  2. Anonymous on October 7, 2012 at 4:25 am

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