Internet Watch Foundation

In this case, the judgement amends English common law jurisdiction in respect of obtaining offences, specifically fraud. Prior to this case, the common law rule was that the English courts could only claim jurisdiction if the ‘last act’ of the offence occurred in England. This judgement broadens the rule to also allow the English courts to claim jurisdiction where a ‘substantial part of the crime’ was committed in England.

So, in respect of racial incitement, if a posting or uploading of content is done in England, but it appears on another web site hosted in another country, it would still be an offence under English law. For clarification, The Public Order Act 1986 does not contain jurisdictional provisions and therefore any judgement will rely on the English common law position.

 

For a full transcript of the appeal court hearing on the case, please visit here.