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The maximum penalty for using a carriage service to menace, harass or cause offence is 3 years imprisonment
Council of Europe Convention on Cybercrime
Legislation The Cybercrime Legislation Amendment Act 2011 commenced on 12 September 2012. The main purpose of the Act was to facilitate Australia’s accession to the Council of Europe Convention on Cybercrime. The Act also amended the Criminal Code offences to ensure consistency with the Conventions.
originally posted by: Dark Ghost
He was taken to Gosford police station and charged with using a carriage service to cause offence.
originally posted by: syrinx high priest
originally posted by: thinline
What is a racist statement?
“You were only endorsed by Juliar because you were black.
Go back to the bush and suck on witchety grubs and yams.”
originally posted by: cuckooold
a reply to: SaturnFX
Do you actually know anything about Australia?
Our current government would love nothing better than to adopt a much more US-centric style of governance, and has moved quite far toward a right-wing authoritarian model (rather than left-wing authoritarianism).
I live here, and have observed this.
A direct message to Senator Peris from Mr Nelson’s Facebook account, which has since gone viral and sparked international outrage, read: “Nova F*** off. You were only endorsed by Juliar (sic) because you were a black c***.
“Go back to the bush and suck on witchity grubs and yams. Stop painting your f***ing face with white s*** in parliament. Other than being a runner you are nothing.”
"Why don't you go and spend some time at Arrakun with the rest of your a** mates belting the crap out of one another," the troll wrote.
"I am not sorry for what has happened in the past if it wasn't for the non existent stolen generation you would probably have been raped by your father another male relative or worse still been killed."
"So as I've said before f*** off you black c*** we don't need or want you."
originally posted by: cuckooold
a reply to: SaturnFX
This is what the accused is alleged to have said.
www.dailytelegraph.com.au... 22c75bfdc2
A direct message to Senator Peris from Mr Nelson’s Facebook account, which has since gone viral and sparked international outrage, read: “Nova F*** off. You were only endorsed by Juliar (sic) because you were a black c***.
“Go back to the bush and suck on witchity grubs and yams. Stop painting your f***ing face with white s*** in parliament. Other than being a runner you are nothing.”
Apparently he also said this.
au.news.yahoo.com...
"Why don't you go and spend some time at Arrakun with the rest of your a** mates belting the crap out of one another," the troll wrote.
"I am not sorry for what has happened in the past if it wasn't for the non existent stolen generation you would probably have been raped by your father another male relative or worse still been killed."
"So as I've said before f*** off you black c*** we don't need or want you."
originally posted by: Benevolent Heretic
I don't agree with the law, but it IS the law in NSW, Australia.
IMO, only an idiot would say such a thing publicly about a government official, but Lord knows, there is an abundance of idiots in the world.
originally posted by: Benevolent Heretic
I don't agree with the law, but it IS the law in NSW, Australia.
Here's the facebook post (caution LANGUAGE):
www.facebook.com...
If "reasonable person"s would regard the comment as "being, in all circumstances, menacing, harassing, or offensive", then it's a crime. I don't see how a reasonable person could see these comments as NOT offensive, but this is the era of Donald Trump, so, the more offensive, the better. But it's still the law. If I drive without a seat belt, I can face penalty. If I threaten the president, I can face penalty.
IMO, only an idiot would say such a thing publicly about a government official, but Lord knows, there is an abundance of idiots in the world.
On 1 March 2006, the Additional Protocol to the Convention on Cybercrime came into force. Those States that have ratified the additional protocol are required to criminalize the dissemination of racist and xenophobic material through computer systems, as well as threats and insults motivated by racism or xenophobia.[5]
It was drawn up by the Council of Europe in Strasbourg, France, with the active participation of the Council of Europe's observer states Canada, Japan, South Africa and the United States.