Katie Hopkins is facing calls for her prosecution after sending a tweet that described Palestinians as "dirty rodents" - and one lawyer says it could happen.
The controversy-courting Hopkins sent her most offensive message to date when she tweeted: "2 state solution my arse. Filthy rodents burrowing beneath Israel. Time to restart the bombing campaign."
It led to calls for her to be prosecuted for incitement to racial hatred. But while unpopular tweets routinely prompt others to call for criminal charges, this one could have legs.
Media lawyer Steve Kuncewicz said a prosecution was possible, adding it would most likely be under the Public Order Act for causing racially-aggravated "harassment, alarm or distress."
He said prosecutions for posting to Twitter had to go through "a lot of hurdles" with the Crown Prosecution Service forced to decide not only that a conviction was likely, but also in the public interest.
He said any police investigation would need to consider issues such as the right to free expression under the European Convention of Human Rights.
He also said there were aggravating factors - including the fact she had not apparently shown any remorse - that could make authorities want to "make an example of her".
"There's enough there for a prosecutor to make something out of," he said. "She has got a lot of followers. She's very visible. That might be enough."
Liam Stacey, who was imprisoned for 56 days in 2012 when he tweeted racist abuse to footballer Fabrice Muamba, was prosecuted under the same Act. He sent swearing, abusive messages calling Muamba and others the n-word.
Mr Kuncewicz pointed out that Hopkins' tweet was not aimed at a particular individual, making it less likely hers could be demonstrated to have caused the "harassment, alarm or distress," which the law requires.
But he added the Public Order Act could be the best way for any prosecution to proceed, rather than communication laws, which have resulted in prosecutions for sending "menacing" tweets.
Peter Nunn, who harassed MP Stella Creasy and feminist Caroline Criado-Perez after they backed a campaign to put Jane Austen on the banknote, was sentenced to 18 weeks in prison after being prosecuted under the Communications Act.
"(The Public Order Act) is a better peg to hang it on. It's more straight-forward. It's been there for years. It has a history of being applied in this way," Mr Kuncewicz added.
"In the Twitter Joke Trial, a judge was asked to decide whether something was menacing and lots of people took issue with that."
The controversy-courting Hopkins sent her most offensive message to date when she tweeted: "2 state solution my arse. Filthy rodents burrowing beneath Israel. Time to restart the bombing campaign."
Palestinians busy knifing Israelis. 2 state solution my arse. Filthy rodents burrowing beneath Israel. Time to restart the bombing campaign
— Katie Hopkins (@KTHopkins) November 10, 2014It led to calls for her to be prosecuted for incitement to racial hatred. But while unpopular tweets routinely prompt others to call for criminal charges, this one could have legs.
Media lawyer Steve Kuncewicz said a prosecution was possible, adding it would most likely be under the Public Order Act for causing racially-aggravated "harassment, alarm or distress."
He said prosecutions for posting to Twitter had to go through "a lot of hurdles" with the Crown Prosecution Service forced to decide not only that a conviction was likely, but also in the public interest.
He said any police investigation would need to consider issues such as the right to free expression under the European Convention of Human Rights.
He also said there were aggravating factors - including the fact she had not apparently shown any remorse - that could make authorities want to "make an example of her".
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"There's enough there for a prosecutor to make something out of," he said. "She has got a lot of followers. She's very visible. That might be enough."
Liam Stacey, who was imprisoned for 56 days in 2012 when he tweeted racist abuse to footballer Fabrice Muamba, was prosecuted under the same Act. He sent swearing, abusive messages calling Muamba and others the n-word.
Mr Kuncewicz pointed out that Hopkins' tweet was not aimed at a particular individual, making it less likely hers could be demonstrated to have caused the "harassment, alarm or distress," which the law requires.
But he added the Public Order Act could be the best way for any prosecution to proceed, rather than communication laws, which have resulted in prosecutions for sending "menacing" tweets.
Peter Nunn, who harassed MP Stella Creasy and feminist Caroline Criado-Perez after they backed a campaign to put Jane Austen on the banknote, was sentenced to 18 weeks in prison after being prosecuted under the Communications Act.
"(The Public Order Act) is a better peg to hang it on. It's more straight-forward. It's been there for years. It has a history of being applied in this way," Mr Kuncewicz added.
"In the Twitter Joke Trial, a judge was asked to decide whether something was menacing and lots of people took issue with that."