Back in January on my own blog, I talked about an e-mail that my educational institution had sent round about potential problems with blogging. Employers can (and according to this e-mail do) find out about blogs, and this can harm employability.
To be honest, I wasn't overly convinced, and thought that there might be scaremongering:[Blogging's] a way to express yourself. Whilst Asp Bites originally started off as a "This is what I'm doing" blog, it's developed, and now I explain my opinion on various matters constantly. Some which, it's fair to say, are controversial.
What I never thought about though was the potential of criminal liability from a blog. OK, obviously if I posted the recipe to build a bomb, perhaps I would attract the attention of MI5. And yes, there's Civil Liability if I defame someone. But other than that?
I imagine that finding a prospective employees blog can also help them get a job. A well written blog, well thought out, can show intelligence. And a hobby outside of work/study." (Asp Bites - Blogging v Employment)
Besides, most of us in the blogosphere occasionally use our blogs to let off steam. Have a rant about someone or something. We might not mention names, but whilst in full flow you might not think clearly. It appears that that now may be a problem:
A blogger who "let off steam" about the way he was treated by police has been convicted of posting a grossly offensive and menacing message.
The court heard [Gavin] Brent had been charged with theft offences - which have yet to be dealt with - and posted a message about a police officer's new-born baby.
Brent then ranted about his perceived mis-treatment at the hands of police and the Crown Prosecution Service (CPS).
His posting ended: "P.S. - D.C. Lloyd, God help your new-born baby".
Brent was prosecuted under the Telecommunications Act, relating to the sending of an electronic message. (BBC News)
What was interesting though is that the court looked at his site as a whole in answered that latter point. They determined that "the blog was articulate, detailed, specific and critical of the police and the CPS." Therefore "any reasonable person would find the words about the baby to be menacing in the context of the overall blog." Which suggests that if we're always offensive, people are able to consider any comments directed as them as just part of the rest of tone of the blog. Dont b 'articulate' in ur posts then [sic].
When he was arrested, Brent is reported to have claimed "You can write on websites because it's freedom of speech." Which the court right decided was a load of old nonsense - there's always got to be limits. But, when directing tirades at public figures, have you considered the option that you might be able to rely on your opinion and "freedom of speech" as a defence.
It's only a decision by a magistrate's court - so there's no binding precedent. Next court could decide differently on exactly the same facts. But, it does make you think. And, perhaps, occasionally stop before hitting "submit post"...
~ Asp