Contents

Volume 73 Number 3 2009
ISSN: 0022-0183  eISSN: 1740-5580

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Opinion

Politics cannot play at an altitude higher than the law
Garry Slapper      185

Criminal Law Legislation Update
Laura McGowan      188

Divisional Court

Disproportionate registration?      191

Court of Appeal

Unfit to plead and diminished responsibility      196

Prohibiting protest and balancing convention rights      199

House of Lords

Sections 57 and 58 of the Terrorism Act 2000: interpretation update      203

High Court of Justiciary

Culpable homicide and drug administration      207

Comment

A critical evaluation of the historical and contemporary justifications for criminalising begging
Dennis J. Baker      212

Article

Regulating harassment: is the law fit for the social networking age?
Keywords: Keywords: Harassment; Online; Cyberstalking; Facebook; Social networking
Neil Geach and Nicola Haralambous      241
DOI: doi: 1350/jcla.2009.73.3.571

ABSTRACT

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JCL 73 (2009) 241

Regulating harassment: is the law fit for the social networking age?
Neil Geach and Nicola Haralambous

The use of social networking websites, such as Facebook, has escalated in recent years. A consequence of this has been that these communication mediums are being increasingly used to bully and harass other users. This article explores the extent to which existing legislation provides sufficient protection against such activity. There is currently no legislation dealing specifically with online harassment. Although existing legislation, such as the Protection from Harassment Act 1997, can be interpreted so as to cover issues of harassment over the Internet, such legislation was not drafted with the Internet in mind. In light of this, the extent to which this Act can offer effective protection against online harassment can be questioned. While other statutory provisions, such as s. 127 of the Communications Act 2003 and s. 1(1) of the Malicious Communications Act 1988, do expressly take account of modern electronic mediums, both have limitations. This article evaluates the rationale behind criminalising various forms of online conduct and argues that the current overall legislative framework is inaccessible, uncertain and thus inadequate to encompass activities in today's evolving age of online social networking. Consequently, the time has come for reform to ensure that the law balances the need to protect individual well-being with the need to safeguard against fictitious and vindictive allegations.

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Male sex work and the Internet effect: time to re-evaluate the criminal law?
Keywords: Keywords: Sex work; Prostitution; Internet; Technology; Cyber-prostitution
Chris Ashford      258
DOI: doi: 1350/jcla.2009.73.3.573

ABSTRACT

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JCL 73 (2009) 258

Male sex work and the Internet effect: time to re-evaluate the criminal law?
Chris Ashford

The criminal law relating to sex work was last modified in the Sexual Offences Act 2003. Three years later in January 2006 the UK government published a 'prostitution strategy' that set out four core aims: challenge the view that street prostitution is inevitable and here to stay; achieve an overall reduction in street prostitution; improve the safety and quality of life of communities affected by prostitution, including those directly involved in street sex markets, and finally, to reduce all forms of commercial sexual exploitation. This framework prima facie failed to take into account both the issue of male sex work and also the Internet effect upon sex work. This article seeks to examine the intersection of technology and male for male sex work and reviews both the criminal law and UK policy framework in that context.

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Links to other issues

Volume 65 (2001) :   1   2   3   4   5   6

Volume 66 (2002) :   1   2   3   4   5   6

Volume 67 (2003) :   1   2   3   4   5   6

Volume 68 (2004) :   1   2   3   4   5   6

Volume 69 (2005) :   1   2   3   4   5   6

Volume 70 (2006) :   1   2   3   4   5   6

Volume 71 (2007) :   1   2   3   4   5   6

Volume 72 (2008) :   1   2   3   4   5   6

Volume 73 (2009) :   1   2   3   4   6

Volume 74 (2010) :   1   2   3   4

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