CWU Alerts Branches About Abusive Emails

CWU General Secretary Billy Hayes has issued a letter to all CWU branches with regard to the use of electronic means to abuse, threaten, and to defame an individual(s); and the legal ramifications of doing so.

In LTB458/12 he says:

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.

Source: CWU

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