PDA

View Full Version : Racist comment on Facebook


lefthook
Dec 9, 2012, 09:29 AM
Someone used my phone to make racist comment in a group on Facebook on my account, as soon as I saw this I deleted it, but now the police are involved I rung them up and explained and they said they are looking into it, I haven't done anyhting wrong! What will happen next

smearcase
Dec 9, 2012, 10:55 AM
If it constitutes a crime, and if they choose to, they will charge you.
Who could have used your phone and why did you give them the opportunity?
This is one of the reasons that electronic communication devices have access password capabilities, and why folks should use them. It is almost impossible to send anything anonymously but if someone wants to send a derogatory or even threatening communication, using someone else's device is one way to do it.
The time of the transmission of that message should be on record. Maybe you have an alibi like being in surgery under anesthestic at that moment as a ludricrous example, but while I am not a lawyer I would say that the burden of proof is on you.

AK lawyer
Dec 10, 2012, 07:44 AM
someone used my phone to make racist comment in a group on facebook on my account, as soon as i saw this i deleted it, but now the police are involved ...

What country are you in? In the U.S. racist comments, while no longer socially acceptable, are still considered constitutionally protected free speech, and thus there would be no cause for police involvement.

ScottGem
Dec 10, 2012, 07:48 AM
What country are you in? In the U.S., racist comments, while no longer socially acceptable, are still considered constitutionally protected free speech, and thus there would be no cause for police involvement.

Not necessarily. Racial slurs can be considered hate speech and prosecuted under anti-bias laws.

Fr_Chuck
Dec 10, 2012, 07:57 AM
Seldom is something like this done, and if concerned, hire an attorney and don't talk to the police without the attorney

joypulv
Dec 10, 2012, 08:56 AM
'I rung them' sounds like UK or Canada?
Who told you the police are involved?

AK lawyer
Dec 10, 2012, 09:25 AM
Not necessarily. Racial slurs can be considered hate speech and prosecuted under anti-bias laws.

"... In the United States, hate speech is protected as a civil right (aside from usual exceptions to free speech, such as defamation, incitement to riot, and fighting words).[54] Laws prohibiting hate speech are unconstitutional in the United States; the United States federal government and state governments are forbidden by the First Amendment of the Constitution from restricting speech.[55][56][57][58]

The "reason why fighting words are categorically excluded from the protection of the First Amendment is not that their content communicates any particular idea, but that their content embodies a particularly intolerable (and socially unnecessary) mode of expressing whatever idea the speaker wishes to convey."[59] Even in cases where speech encourages illegal violence, instances of incitement qualify as criminal only if the threat of violence is imminent
..." Hate speech - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Hate_speech#United_States)

ScottGem
Dec 10, 2012, 09:32 AM
"... In the United States, hate speech is protected as a civil right (aside from usual exceptions to free speech, such as defamation, incitement to riot, and fighting words).[54] Laws prohibiting hate speech are unconstitutional in the United States; the United States federal government and state governments are forbidden by the First Amendment of the Constitution from restricting speech.[55][56][57][58]

The "reason why fighting words are categorically excluded from the protection of the First Amendment is not that their content communicates any particular idea, but that their content embodies a particularly intolerable (and socially unnecessary) mode of expressing whatever idea the speaker wishes to convey."[59] Even in cases where speech encourages illegal violence, instances of incitement qualify as criminal only if the threat of violence is imminent
..." Hate speech - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Hate_speech#United_States)

I should have said hate crimes, not specifically hate speech.

A hate crime is the victimization of an individual based upon their race, religion, national origin, ethnic identification, gender or sexual orientation.
These crimes may include acts including physical assaults, assaults with weapons, harassment, vandalism, robbery, rape, verbal harassment, attacks on homes or places of worship, various forms of vandalism, and murder.
Alliance: Factsheets: Hate Crimes (http://www.svfreenyc.org/survivors_factsheet_31.html)

Placing racial slurs on a public site could be considered harassment. Many police departments take such things seriously nowadays. Since we don't know exactly what was said, we can only rely on what the OP is telling us. I am assuming that if the police are involved it has been elevated to the level of a hate crime.

Fifi17
Dec 10, 2012, 02:49 PM
First tell your family or close friends so they can help you. They can get u an att

Fifi17
Dec 10, 2012, 02:49 PM
Oops! Haha "attorney"

tickle
Dec 10, 2012, 04:00 PM
Hi joy, 'i rung them' doesn't sound like UK or Canada. Where do you think that low base language comes from either? And why would this be an issue for this thread.

joypulv
Dec 11, 2012, 02:53 AM
hi joy, 'i rung them' doesnt sound like UK or Canada. Where do you think that low base language comes from either? And why would this be an issue for this thread.

My observation is that the British 'ring' people (vs the American 'call').
I think it's relevant here because of different laws in different countries.