We have been operating for some 15 years and as we have always said.

The defence to any accusations of illegality is :-

'The defence is one of the truth'

Much more to follow on this one................

This person has also claimed that he has been subjected to conduct on Socmed that amounts to a Breach of the Peace.

In his own Socmed posts he states that he has been placed in a state of fear or alarm.

Not a Breach of the Peace that us oldies remember, but a new one.

Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010

Section 38
In recent years a charge under Section 38 Criminal Justice and Licensing (Scotland) Act 2010 has become one of the most prosecuted criminal offences in Scotland.

Where someone is accused of threatening or abusive behaviour, instead of being charged with a breach of the peace, you are now more likely to be charged under this statutory offence instead. The 2010 Act lays down the type of behaviour likely to form a Section 38 offence.

Namely, threatening or abusive behaviour that is likely to cause a reasonable person to suffer fear or alarm. That behaviour has to be intended to cause fear and alarm or is reckless as to whether the behaviour would cause fear or alarm. The types of behaviour likely to be charged under section 38 are similar to what would have been previously charged as a Breach of the Peace, e.g:

Shouting and swearing
Fighting
Abusive or threatening behaviour
Abusive or threatening telephone calls, text messages and social media posts.
Disorderly conduct
Domestic abuse

Section 38(1) introduced an objective test which means that if your conduct was likely to cause a “reasonable person” fear or alarm, then you could be found guilty irrespective of whether or not any of the witnesses were in a state of fear or alarm.

Abusive or threatening social media posts

Telling the truth is Abusive or Threatening?????????

We would suggest that FACTS are indeed FACTS.

So in order to summarise:-

Either an offence has been committed under Communications or Licensing Scotland legislation.

a) Which was grossly offensive or of an indecent, obscene or menacing character

or

b) was abusive or threatening

Is reporting the truth now a criminal offence?????

We believe that there have been a number of posts on Socmed, apparently originating from the same source, pointing the finger at ERNHW Limited / Newsline alleging a prolonged campaign of harassment against so far, unknown named individuals.

Strangely it would appear that our chair has been implemented in this somewhat strange case.

We pride ourselves with keeping everything in the public domain and will continue to do so.

This person is claiming on Socmed that his children are allegedly being distressed by posts on this site.

From Socmed we have ascertained that there are three children and that the oldest is 12 years of age.