From: JNugent73@mail.com
On 20/09/2025 07:40 AM, Norman Wells wrote:
> On 20/09/2025 01:27, JNugent wrote:
>> On 19/09/2025 07:56 PM, Norman Wells wrote:
>>> On 19/09/2025 15:06, Mark Goodge wrote:
>>>> On Thu, 18 Sep 2025 09:08:25 -0000 (UTC), Jethro_uk
>>>> wrote:
>>>>
>>>>> On Wed, 17 Sep 2025 20:39:50 +0100, Mark Goodge wrote:
>>>>>
>>>>>> That's clearly a loophole,
>>>>>
>>>>> That's your opinion. Another is that you don't own the public facing
>>>>> image
>>>>> of your building, and that using a projector to realise what a few
>>>>> seconds
>>>>> with photoshop can do leaving zero damage (due to the masslessness of
>>>>> photons) is just part of life.
>>>>
>>>> Projecting onto a building visible from a public place requires
>>>> planning
>>>> permission for advertising consent. That's because, even though the
>>>> projection may cause no damage to the building itself, it affects the
>>>> appearance of the building in exactly the same way as painting an
>>>> advert on
>>>> it.
>>>
>>> What law does that contravene please?
>>>
>>> And what do you say was being 'advertised'? If nothing, what law makes
>>> it an 'advertisement'?
>>>
>>>> And the projection may cause quantifiable harm, in the form of light
>>>> pollution - both to the occupants of the building
>>>
>>> If so, it may be a statutory nuisance. But there's no evidence that
>>> anyone in occupation was disturbed by it or even saw it. Certainly the
>>> police took no action on that basis but only on the rather curious one
>>> (absolutely doomed to failure in my view) of 'malicious communication'
>>> which seems to be over-stretching the language somewhat.
>>
>> Q: Was it "communication" (even if only attempted)?
>>
>> A: Of course it was.
>>
>> Q: Was it malicious?
>>
>> A: Of course it was.
>
> Of course it wasn't.
>
> Your misunderstanding shows just how important it is to have a knowledge
> of the relevant law or actually to look it up if you haven't.
>
> And the relevant law is, unsurprisingly, the Malicious Communications
> Act 1988, which you need to read.
>
> Section 1 of that says:
>
> "Any person who sends to another person€€€
>
> (a) a letter, electronic communication or article of any description]
> which conveys€€€
>
> (i) a message which is indecent or grossly offensive;
>
> (b) any article or electronic communication which is, in whole or part,
> of an indecent or grossly offensive nature,
>
> is guilty of an offence if his purpose, or one of his purposes, in
> sending it is that it should, so far as falling within paragraph (a) or
> (b) above, cause distress or anxiety to the recipient or to any other
> person to whom he intends that it or its contents or nature should be
> communicated."
>
> Nothing in the Windsor case was 'sent', so there is in fact no
> 'communication' within the scope of the Act, whether malicious or not.
What does the rest of the Act say?
>
> Nothing in the Windsor case was indecent or grossly offensive either.
> Facts can't be; they're just facts.
>
> If anyone considers what was projected to be 'malicious communication'
> then so too has been any news broadcast or newspaper that has previously
> published exactly the same images and sentiments.
>
> That is why the case is doomed to failure.
>
> The police have over-reacted and over-reached. There needs to be a
> mechanism by which they can be held to proper account.
>
>>>> and the building's surroundings
>>>
>>> Do please explain what 'quantifiable harm' was caused to the building's
>>> surroundings. That seems utterly bizarre.
>>>
>>>> - and potential distraction (public projections are more
>>>> stringently regulated where they are visible from a highway, for
>>>> example).
>>>
>>> Did that apply?
>>>
>>>> None of this is related to the content of the projection. The ambush
>>>> marketing perpetrated by FHM and BrewDog by projecting onto the
>>>> Palace of
>>>> Westminster is exactly the same, in this context, as the anti-Trump
>>>> projection onto Windsor Castle. To be legitimate, all three should have
>>>> applied for, and obtained, planning permission. But none of them did.
>>>
>>> The Westminster one was for marketing, so the projection could
>>> conceivably be regarded as an advertisement. The Windsor one wasn't, so
>>> couldn't.
>>>>> A much more fruitful approach might be to look at the fact that
>>>>> generally
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