Scot convicted over ‘grossly offensive’ tweet appeals to European Court of Human Rights

Joe Kelly, who was labelled an “example case” to deter others from “pressing the blue button” and posting allegedly offensive content, hopes to have his case heard at the European Court of Human Rights.

Mr Kelly was convicted of contravening the Communications Act 2003, section 127(1)(b), which makes it a criminal offence to make an electronic post which is “grossly offensive”, for a tweet he posted relating to the death of Captain Sir Tom Moore.

Mr Kelly tweeted “the only good Brit soldier is a deed one, burn auld fella buuuuurn” along with a picture of the late Captain Tom. The tweet was visible for 20 minutes before he began to receive threats directed against him and his family and deleted it.

The tweet had been visible long enough for someone to report him to the police. The Crown Office pursued Mr Kelly and decided prosecution was in the public interest.

He was ultimately given a community payback order.

The presiding sheriff said Mr Kelly was a “good example” for people to realise how quickly things can get out of control even if one doesn’t have many followers.

Counsel for Mr Kelly, Terra Firma’s Fred Mackintosh KC and Compass Chambers’ Cameron Smith, will argue that a statement like that made by Mr Kelly by means of a public telecommunications system should not need to have artistic or political meaning for it be protected by the right to free speech laid down in the European Convention on Human Rights.

A crowdfunder for Mr Kelly aims to raise money for the legal expenses associated with the preparation of his application to the European Court.