R v Elliott
R v. Elliott is a criminal harassment trial based in Toronto, Canada. Gregory Alan Elliott was accused of criminally harassing several women in the Toronto area, following a protracted dispute with feminist activist Stephanie Guthrie. On January 22, 2016, Elliott was found not guilty. The case is expected to have implications for free speech in Canada, and is thought to be the first prosecution for harassment solely involving activity on social networking website Twitter.[1]
Background
Following her 2012 Kickstarter campaign for the Tropes vs. Women in Video Games video series, feminist critic Anita Sarkeesian began to receive large volumes of online harassment.[2][3] A medium commonly decried in the media was a Newgrounds game in which players punched a photograph of Sarkeesian, causing her to appear progressively more bruised and injured.[4][5][6] The game's creator, Bendalin Spurr, who had previously made a similar game about punching Jack Thompson,[4] denied that the game promoted real violence against women. Detractors countered by pointing out what they considered the misogynist tenor of Spurr's statements.[7] Stephanie Guthrie, a Toronto-based feminist activist, was among those who objected to Spurr's game. Wanting to cause real-life consequences for Spurr's online activity, she contacted news organizations and potential employers in his hometown.[8][9]
Gregory Alan Elliott, a Toronto street artist,[10] criticized Guthrie's actions as "every bit as vicious as the face-punch game."[11] Although Guthrie and other women blocked him on Twitter, the social networking website declined to intervene in the ongoing exchange, and Elliott continued tweeting criticism to their accounts and commenting on their online and offline activities.[12][13] An investigating officer found that none of Elliott's messages threatened harm against any of the women.[14]
Trial
Elliott was charged by the Crown in November 2012 for breach of a peace bond and criminal harassment of Guthrie, and two other accusers subsequently went to police in January 2013.[14][13] The charge related to one of the women was subsequently dropped.[15] Elliott was released on bail on the condition that he did not tweet or access Twitter, have a smartphone or use a computer with Internet access.[16]
The case hinges on whether the women reasonably feared for their safety.[12][17] In cross-examination, Guthrie defended her continued tweeting about Elliott after having blocked him as being a means of fighting back against harassment.[18]
The trial had to be delayed in March 2014 after the judge received a signed letter alleging a conspiracy against Elliott that included the ministry of the attorney-general.[19]
On January 22, 2016, Elliott was found not guilty. The judge ruled the Crown failed to show he knowingly harassed the accusers or made a real threat of violence, noting Elliott's tweet contained nothing of a "violent or sexual nature," and there was no indication he intended to hurt the women so their fear could not be justified[1][20]
Reactions
Elliott is believed to be the first Canadian prosecuted solely for tweets, and several commentators believe the case has significant implications for free expression and freedom of speech in Canada.[1][12][15][17]
A Toronto coffee shop has been the subject of controversy over artwork by Elliott that the shop displays.[10]
References
- ^ a b c Csanady, Ashley (January 22, 2016). "Toronto man found not guilty in Twitter harassment trial widely viewed as a Canadian first". Retrieved January 22, 2016.
- ^ Lewis, Helen (July 6, 2012). "This is what online harassment looks like". New Statesman.
- ^ Watercutter, Angela (June 14, 2012). "Feminist take on games draws crude ridicule, massive support". Wired.
- ^ a b Starr, Michelle (July 10, 2012). "How to make gamers look bad". CNET.
- ^ Parkin, Simon (October 17, 2014). "Gamergate: A Scandal Erupts in the Video-Game Community". The New Yorker.
- ^ Funk, John (July 6, 2012). "Flash Game Makes Players Beat Up "Tropes vs. Women" Creator". The Escapist.
- ^ Klee, Miles (October 20, 2014). "Creator of 'Beat Up Anita Sarkeesian' says #Gamergate is anti-harassment". The Daily Dot.
- ^ Lyonnais, Sheena (July 9, 2012). "Toronto Tweeter Causes Uproar Over Violent "Beat Up Anita Sarkeesian" Game". Toronto Standard.
- ^ Casey, Liam (January 9, 2014). "Gregory Alan Elliott: Frustrations boil over in Twitter harassment trial". Toronto Star.
- ^ a b Niedoba, Sarah (October 21, 2015). "Extra, Extra: John Tory Talks SmartTrack in London, Back to the Future for the Jays, and a Café Criticized for its Art". Torontoist.
- ^ Blatchford, Christie (May 7, 2014). "Harassment case examines consequences of Internet wrath". Canada.com.
- ^ a b c Hasham, Alyshah (July 24, 2014). "Twitter harassment trial: Second complainant says accused wouldn't leave her alone". Toronto Star.
- ^ a b Casey, Liam (January 8, 2014). "First of three Toronto women testifies in Twitter harassment trial". Toronto Star.
- ^ a b Hasham, Alyshah (January 7, 2014). "When does tweeting become criminal harassment?". Toronto Star. Retrieved January 21, 2016.
- ^ a b Nadeau, Jean-Phillippe (October 6, 2015). "Procès pour harcèlement criminel sur Twitter" [Trial for criminal harassment on Twitter]. CBC Radio Canada (in French).
- ^ http://www.metronews.ca/news/toronto/2012/11/23/alleged-twitter-harasser-gregory-alan-elliott-released-on-bail.html
- ^ a b Chittley, Jordan (January 7, 2014). "Toronto harassment case may show how tweets can lead to jail". CTV News.
- ^ Cross, Jessica Smith (July 21, 2015). "Women had a right to fight back, Crown argues in Toronto Twitter harassment trial". Metro News.
- ^ Blatchford, Christie (March 20, 2014). "Christie Blatchford: Twitter harassment trial halted by surprise letter alleging 'fraudulent' conspiracy against accused". National Post. Retrieved January 22, 2016.
- ^ "Man found not guilty in Twitter harassment trial". CTV News. January 22, 2016. Retrieved January 22, 2016.