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March 12, 2010 3:49 PM PST

Man fined for insulting ex-girlfriend on Facebook

by Chris Matyszczyk

Sometimes, we say things we just don't mean. Or, more accurately, that we really do mean, but we wish we hadn't said in public.

Still, with fewer people seeming to care about privacy anymore, the untoward consequences of our free expressions can be costly. It seems, for example, that saying something nasty to your ex-girlfriend on Facebook might cost you 165 British pounds (around $250).

According to the Telegraph, Darren Mattox, a 29-year-old from Wrexham, Wales, confessed in court to writing something "grossly offensive or of an indecent, obscene, or menacing character" to a Facebook friend who happened to be his ex-girlfriend.

Will this case lead to others?

(Credit: CC Global X/Flickr)

The court didn't reveal the precise wording of his dismissive missive, but the prosecuting attorney reportedly declared: "The message was brief but clearly of a harassing nature. He claims he just wants to see his baby."

While few can know the full circumstances of this particular case--Mattox was reportedly upset that he couldn't get to see the son he had with his ex-girlfriend--one wonders just what precedent this case might set. Mattox's lawyer told the Telegraph: "He basically made a posting calling her an offensive name."

When things are said during arguments, people might hold a grudge, or they might never speak to the speaker again, but rarely does this sort of thing end up in court.

Social-networking sites, however, can offer clear, lasting evidence of rude words tossed in love, excitement, pain, and even anger. When you say something to someone, even if it's in front of others, it's hard for them to hold you at your word. When you write it on a social network, it's incontrovertible evidence.

It's interesting that for all the nasty words that seem to get tossed around on Facebook daily, this case is the one that ends up in court. I wonder if it will encourage more people to turn to the courtroom to assuage their hurt feelings.

Will people attempt to sue because someone called them a liar on Facebook? Will they attempt to take Facebook group creators--pick any Facebook group that begins with "I hate" and is followed by someone's name--through a legal process that will turn out to be expensive no matter who wins?

We live in interestingly public times.

Chris Matyszczyk is an award-winning creative director who advises major corporations on content creation and marketing. He brings an irreverent, sarcastic, and sometimes ironic voice to the tech world. He is a member of the CNET Blog Network and is not an employee of CNET.
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Add a Comment (Log in or register) Showing 1 of 2 pages (36 Comments)
by Chuck McKnight March 12, 2010 4:12 PM PST
Whatever happenned to freedom of speech? Should he have said what he said? Probably not. But that doesn't mean he should be fined for it. That's ridiculous.
Reply to this comment 6 people like this comment
by hashref March 12, 2010 4:21 PM PST
Agree. I guess we need Tom Cruise bashing through peoples window telling them not to click the &Submit button on that post or they'll end up in court.
2 people like this comment
by viper396 March 12, 2010 4:26 PM PST
Freedom of speech doesn't protect you from getting sued for Libel or Slander.

Having a freedom doesn't entitle you to be irresponsible with it.
5 people like this comment
by muskratboy March 12, 2010 5:06 PM PST
hey genius... you realize this is in WALES, right? as in, they don't have a constitution, right?
and... this has nothing to do with free speech anyway.

i wonder what he called her. ****, right? it had to be ****.
1 person likes this comment
by R. U. Sirius March 12, 2010 6:07 PM PST
> Whatever happenned to freedom of speech?

Last time I checked, England is not a member of the United States.
2 people like this comment
by Lerianis4 March 13, 2010 2:58 PM PST
by R. U. Sirius March 12, 2010 6:07 PM PST
> Whatever happenned to freedom of speech?

Last time I checked, England is not a member of the United States.
____________________________

They still have something in their 'Constitution' like document that is analogous to the Freedom of Speech here in the United States. Sure, they aren't part of the United States.... but they are still ignoring their own laws.
by odubtaig March 13, 2010 5:25 PM PST
No, we don't. We also don't have anything written regarding presumption of innocence in the Magna Carta despite what some people might think. There are a good many laws in this country specifically limiting freedom of speech when it comes to descriminiation, incitement to violence, etc.

Next time, actually have a clue about what laws exist in the UK before typing another load of ill-informed crap.
4 people like this comment
by jbcahill March 12, 2010 4:25 PM PST
Ahhh....happened in the UK..big surprise (not)...talk about big government...thought it was bad in the US.
Reply to this comment 1 person likes this comment
by odubtaig March 12, 2010 4:34 PM PST
Oh go write about a country you know something about.
4 people like this comment
by MattC867 March 15, 2010 11:37 AM PDT
@odubtaig

Im not surprised this happened in your country either, given what I know about your Libel law system.
by ThinkBeforeYouPost March 12, 2010 4:28 PM PST
This has nothing to do with Freedom of Speech. Freedom of Speech is about governments not being able to ban citizens from expressing opinions. It does not absolve speakers from the consequences of what they say.
Reply to this comment
by Lerianis4 March 13, 2010 2:59 PM PST
There shouldn't be any consequences for insulting someone, online or offline! If the other person takes issue with what you say about them, fine.... but an insult is your own opinion of said person, and therefore you have the right to say it.
1 person likes this comment
by viper396 March 15, 2010 10:07 AM PDT
@Lerianis4. "There shouldn't be any consequences for insulting someone"

That is a very short-sighted way of looking at the situation. What about if someone wrote a racial slur on your front door or left degrading phone messages on your voice mail daily? Expressing an opinion is one thing, but what about when things are taken to the point where it can be construed as harrassment? Would you be okay living in fear because someone else was simply expressing their opinion about you?

Having the freedom of speech does not entitle you to abuse it. When the excercise of your freedom impedes the rights of others then you've taken things too far. At that point there should and are in fact be consequences.
6 people like this comment
by odubtaig March 12, 2010 4:33 PM PST
Because taking the word of the defense as to what was written is obviously sensible? "Maddox's lawyer told the Telegraph" Oh, Maddox's Lawyer. There's a man to be trusted talking to a paper so right-wing it's nicknamed The Torygraph.

This is the same paper that recently ran an article about a "think tank" whinging that none of the three main political parties here are willing to consider putting full VAT on necessary food, AKA disproportionately taxing the poor even more, to speed up reduction of the deficit. These people are shameless.

If you could have someone fined for calling you a rude name the courts would have to install turnstiles.

This entire article hasn't been thought through before someone hit the submit button.
Reply to this comment
by theonlybuster March 12, 2010 4:47 PM PST
Wonder how many of his friends used the "Like" button for this update
Reply to this comment
by gwailo247 March 12, 2010 5:56 PM PST
oh, UK man fined for insulting ex-girlfriend on Facebook.
we may live in interesting times but we still live in different countries with different jurisdictions
Reply to this comment
by TxTom21 March 12, 2010 8:12 PM PST
He shouldn't have fathered a b******-child with the b****! ;-)
Reply to this comment 1 person likes this comment
by freedomlovr March 13, 2010 3:36 AM PST
ROFL!! This is gonna set a bad precedent in the UK. Every person with hurt feelings is gonna bog down the courts, while terrorists roam free. Wahahahahaha
Reply to this comment
by jarvisesdios March 13, 2010 3:37 AM PST
So...ummm...was his name Mattox? Or was it Maddox?
Reply to this comment
by zimmelman March 13, 2010 7:39 AM PST
Clearly he crossed some legal line. This wasn't a civil action, but a criminal trial. In the U.S. if you write that you are going physically hurt someone, that can be considered a crime. In the UK they apparently have similar statutes with perhaps a broader definition. Since the court did not reveal the actual words that were written, well, it's just a story about some guy with hurt feelings and the imagination of a turtle.

I just can't leave without commenting on the D.A. who was "prosecuting" this guy... Slow crime day?
Reply to this comment
by odubtaig March 13, 2010 8:05 AM PST
At that low level it was most likely a Magistrate (we don't have DAs here) and they process dozens of minor cases like this every day, usually parking tickets being contested. The whole thing probably took less than half an hour.
by tipoo_ March 13, 2010 7:49 AM PST
Because I'm sure no one has called their ex an offensive name on facebook before -_-


Probably not smart considering that he was in a custody battle to see his baby, but still, getting a fine for calling someone a [insert offensive name here] is kind of ridiculous.
Reply to this comment 2 people like this comment
by odubtaig March 13, 2010 8:03 AM PST
Yes, so rediculous that maybe people should be questioning whether that's what happened at all instead of believing everything they read that just happens to agree with their still-born assumptions.
by sufiney March 14, 2010 3:08 PM PDT
Hmm freedom of speech is a good thing, so is electricity and witchcraft (in the right hands)
Slander is just plain wrong, Cowards weapon!!
Reply to this comment
by t8 March 14, 2010 7:24 PM PDT
My 2 cents worth. Not being able to see your own kid is a lot worse. I wonder how many people would say something derogative if they were the one who wasn't able to see their own child.
1 person likes this comment
by shycelticwitch March 15, 2010 8:28 AM PDT
I would imagine that his behavior (as exhibited by the article above) is the most likely reason his child is being kept from him. Not all individuals are fit to be parents, even more so with the most recent generation of parents.
by t8 March 14, 2010 7:23 PM PDT
Oh the pain of being called an offensive name, and meantime he still can't see his child. Did I read this correctly?
Reply to this comment 2 people like this comment
by shycelticwitch March 15, 2010 8:26 AM PDT
Freedom of speech is alive and well, just be prepared to suffer the consequences of what you say or post. Nobody said you couldn't say it, but expect to be called out if what you say causes problems for someone else. Along with freedom comes responsibility. That is essentially granted at the age of 18. If you can't learn to communicate without name-calling, telling lies or hurting someone else, then you get what you deserve. We have the right to own guns too, but that doesn't mean we can just go around shooting people we don't like. Ferchrissakes people, GROW UP.
Reply to this comment 1 person likes this comment
by bluemist9999 March 15, 2010 10:36 AM PDT
Just because you're free to say what you want doesn't make you free from the consequences of what you say.

Besides that, in this case, depending on what the guy said, it might be considered libel. And, as other posters have pointed out, this all took place in the UK, where the speech laws are different.

In any event, I think insulting someone from whom you want something is a really dumb idea. "Gee, because you just insulted me, I'm going to do what you want." I can understand he felt frustrated, but that didn't help anything, regardless of the fine.

Think twice before you send something to the 'net, even if it's a private Facebook posting. In some court cases, private emails have been dredged up years later.
Reply to this comment
by OlderThanOld March 15, 2010 11:37 AM PDT
I'd like to see, in the interest of more information, the specific ordinance or law under which this fellow was charged. More to the point, since most people quoted said things about how seldom this has been prosecuted, how long has this particular law been on the books? Finally, since there seems to be a lot of misinformation or total lack of information about the differences between US and UK criminal proceedings, perhaps we could have an article or series dealing with those differences... Oh, wait a moment; there is plenty of information on this already... http://en.wikipedia.org/wiki/English_legal_system...

Never mind.
Reply to this comment
by Noxiousb4c March 15, 2010 12:51 PM PDT
Obvious she probably is whatever he called her since it was taken all the way to court, it is. Yes, hmmm.
Reply to this comment 1 person likes this comment
by NetHostingGal March 15, 2010 2:44 PM PDT
I'd hate to be a lawyer in this day and age. Every new technology introduces that many more random and absurd lawsuits.
Reply to this comment
by Proud_Geek March 15, 2010 11:35 PM PDT
What? Lawyers are LOVING this stuff! It's like a freakin' Shark feeding frenzy out there. Except that Sharks are NICER.
1 person likes this comment
by Proud_Geek March 16, 2010 12:21 AM PDT
Did he call her a sl**? That's be awesome...
Reply to this comment
by boabyd March 16, 2010 1:23 PM PDT
by R. U. Sirius March 12, 2010 6:07 PM PST
> Whatever happenned to freedom of speech?

Last time I checked, England is not a member of the United States

...........................................................................................................................
Maybe you should check the map of Britain, AND you will notice that
WALES IS NOT in england, just because it borders it does not mean it's part of it.
No more than Canada and the USA
Reply to this comment
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About Technically Incorrect

Chris Matyszczyk brings a fresh and irreverent perspective to the tech world in his CNET blog, Technically Incorrect. He is a member of the CNET Blog Network and is not an employee of CNET.

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