COMMUNICATIONS ACT 2003 - ABUSIVE EMAILS

[POSTMAN]

20 June 2012
LTB 458/12 - COMMUNICATIONS ACT 2003 – ABUSIVE EMAILS

No. 458/12
Ref: GS 6.0
Date: 20 June 2012



To: All Branches



Dear Colleague

COMMUNICATIONS ACT 2003 - ABUSIVE EMAILS

CWU Headquarters has recently been made aware of a very limited number of incidences involving the circulation, by email, of material directed to CWU representatives but copied more widely, that can only be regarded as highly offensive.

As our rules make clear, there is an absolute obligation on members to be treated with respect and not to engage in actions that bring the union into disrepute. Publicly-made personally abusive comments would certainly seem to fall foul of those two requirements.

We have therefore requested legal advice on this question. Interestingly, it is the Communications Act 2003 rather than legislation relating to defamation or slander/libel that deals most directly with this matter."

Section 127 of the Communications Act 2003 creates a criminal offence if a person sends by means of a public electronic communications network a message or other matters that are grossly offensive, indecent, obscene or menacing in its character.

Furthermore, s.128 provides a mechanism to make a complaint of the misuse of networks and services to OFCOM. OFCOM can then issue an enforcement notice pursuant to s.129 to stop any persistent misuse. There may be a distinction between an offence for using a public electronic communications network and the use of other electronic communications network.

If, notwithstanding an enforcement notice under s.129, the user continues to misuse the electronic system, OFCOM can impose a penalty as it considers appropriate and to prohibit the misuse.

In the event of any menacing email or communication which may intimate a physical threat, the matter should be reported immediately to the police.

There is also the potential for defamation proceedings within one year of any communication that is defamatory.

This matter may also be subject to the Union's National Discipline Committee.

Any enquiries on this LTB should be addressed to the General Secretary's Office quoting the reference 6.0

Yours sincerely



W HAYES
General Secretary

[General Mannerheim]

f**k off.

[POSTMAN]

Anyone know what this is about?

[fishtank]

Anyone know what this is about?

No....but it smells of FB.
You do that facebook thing...go fish.

[DGP1]

Has someone been accusing Billy of being a 'pie eater'

[The wanderer]

I'm wondering who is being abused and who is doing the abusing.

Is this for real, are the Union really getting abusive and threatening emails, maybe they think they will be attacked in the future and this is their defence worked out in readiness.

Is the Union being targeted in a dark and sinister way by unknown parties?

I don't know what it is like to be a proper rep, I don't know what threats they are under.

I'd like to see some evidence of a threatening email, a copy of an abusive letter.

CWU Headquarters has recently been made aware of a very limited number of incidences involving the circulation, by email, of material directed to CWU representatives but copied more widely

If it was so widely copied can I have a copy please?

To be honest without any evidence this does sound like BS.