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Neutral Citation Number: [2021] EWHC 2140 (Admin) Case No: CO/5022/2019 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION DIVISIONAL COURT Royal Courts of Justice Strand, London, WC2A 2LL Date: 30/07/2021 Before : LORD JUSTICE BEAN MR JUSTICE DOVE --------------------Between : DIRECTOR OF PUBLIC PROSECUTIONS - and PAUL BUSSETTI Appellant Respondent ----------------------------------------John McGuinness QC (instructed by CPS Special Casework) for the Appellant Mark Summers QC & Anita Davies (instructed by Lound Mulranan Jeffries Solicitors) for the Respondent Hearing dates: 20 July 2021 --------------------- Approved Judgment

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Director of Public Prosecutions v. Bussetti

Case Law

Country

United Kingdom

Country Location

Latitud: 52.32950805122076

Longitud: -1.4047851562500706

Country Location (vinculado Case Law): United Kingdom

Decision Date: 30 jul 2021

Case Status: Cerrado

Case Outcome (Procedural)

Reversed and Remanded

Case Outcome (Disposition)

Judgment in Favor of Defendant

Keywords

Digital Rights
Discrimination
Hate Speech

Judicial Body: Appellate Court

Court Name: High Court of Justice Queen’s Bench Division

Case Number: [2021] EWHC 2140 (Admin)

Case Summary: The High Court of Justice Queen’s Bench Division held that a District Judge should have considered whether a video recorded by the defendant Bussetti was seriously offensive to the public and was substantially similar to a video uploaded to YouTube. Paul Bussetti had recorded and uploaded to Whatsapp a video of people burning an effigy depicting Grenfell Tower, a building in which 71 people died. An unknown person also uploaded a video of the event on YouTube which went viral, garnering newspaper and television attention. The Director of Public Prosecutions accused Bussetti of breaching s.127(1) of the Communications Act 2003 by sending a grossly offensive message by means of a public electronic communications network. The District court dismissed the case finding the prosecution had not been able to prove that the video uploaded to YouTube was the one recorded by Bussetti. On appeal, the High Court of Justice Queen’s Bench Division held that the District Judge did not correctly appreciate that the defendant himself had admitted to the police that the video uploaded by an unknown person to YouTube was substantially similar to the one he recorded. However, the Court held that a new trial should be conducted before a differently constituted court. The Court held that it should be cautious in the context of a cassation appeal and not substitute the trial to be conducted under a lower court. In particular, the Court mentioned that Bussetti had presented further legal arguments as to whether WhatsApp is a public electronic communications network for the purposes of section 127 of Communications Act 2003, which were not heard.

Case Significance: The High Court of Justice Queen’s Bench Division held that it should not convict directly on appeal a defendant accused of having breached s.127(1) of the Communications Act 2003 for having recorded and sent to two WhatsApp groups a video considered by the prosecution to be discriminatory and also seriously offensive to the public or the victims of the Grenfell tragedy. The Court considered that it should uphold the prosecution’s appeal and overturn the defendant’s acquittal, but remit the case to a new court to analyze the defendant’s new arguments that had not been heard (i.e., whether WhatsApp is a public electronic communications network for the purposes of section 127 of the Communications Act 2003). In this sense, despite the fact that the video could be considered seriously offensive and discriminatory, the Court considered that it should be cautious in the context of an appeal and not convict the defendant by substituting the trial to be conducted. In short, the decision reflects that even in the face of “expressions” that may be considered seriously offensive and discriminatory, a sentence of conviction limiting freedom of expression must be taken by examining all the arguments of the defendant and respecting his judicial guarantees.

Decision (including concurring or dissenting opinions) establishes influential or persuasive precedent outside its jurisdiction.

This case did not set a binding or persuasive precedent either within or outside its jurisdiction. The significance of this case is undetermined at this point in time.

Source Name and URL: Global Freedom of Expression

Collection

Columbia

Date Updated: 19 jul 2024

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Judgment
English
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CYRILLA: Global Digital Rights Law

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Director of Public Prosecutions v. Bussetti

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