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'Grossly Offensive' video

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Hello and thank you,

 

A friend has been summonsed in a private prosecution regarding a 'grossly offensive' comedy song posted on a political youtube channel. The defendant claims it is a vexatious litigation by political opponents. What is her best strategy for defence? She did not send this video to the complainant or address it to the group they represent, they sought it out and chose to bring a private prosecution because they don't like the message.

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What does the summons state exactly ?

 

Unless we know the exact circumstances, i doubt anyone can comment.

 

Did Youtube take the video down, follow any complaint made ?

 

Have the Police ever been involved and made any referral to CPS ?


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The obvious question is in what way was it offensive

 

Was it due to a persons sexuality, religion etc?

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She did not send this video to the complainant or address it to the group they represent,

 

I'm not sure that is relevant to a prosecution (private or through the CPS), if it was posted publicly i.e. to YouTube.

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I am not clear what specific criminal offence your friend is being accused of. This would presumably be stated in the documentation. I think we'd need to know that to comment.

 

If the claim is vexatious, it might be worth engaging a solicitor with experience in this area, as I would have thought your friend should be able to recover her legal costs if the case is dismissed?


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