British  backflip:  OK (sometimes) to diss homosexuals on Twitter

Internet trolls who post one-off offensive messages may escape criminal charges, the country’s chief prosecutor announced yesterday.

Keir Starmer said court action would be taken only where there was a ‘sustained campaign of  harassment’ or a direct threat, as he stressed the need to protect free speech.

The Director of Public Prosecutions made his comments as he announced that a semi-professional footballer who posted a homophobic tweet about Olympic diver Tom Daley would not face criminal charges.  He said the comments were not so ‘grossly offensive’ that they should lead to a prosecution.

Daniel Thomas sent the message about Daley, 18, and diving partner Peter Waterfield, 31, after the pair missed out on a medal on July 30.

Thomas, who plays for Welsh side Port Talbot Town, was arrested after the tweet spread around the internet. It falsely suggested that Daley and Waterfield were in a gay relationship and drew a link between homosexuality and HIV.

Under the 2003 Communications Act, it is an offence to send messages online that are grossly offensive.

Mr Starmer accepted Thomas’s tweet was ‘homophobic’ but said it had been a misguided attempt at humour.

The message was also not intended to go beyond his Twitter followers, who were mainly friends and family. And he said the message was quickly taken down and the footballer had apologised.

Chief Constable Andy Trotter, of the Association of Chief Police Officers, said the new guidance would help police to focus on the most serious online abuse.

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