31-year-old Billy Thompson confessed to sending a message that was grossly offensive, or of indecent, obscene or menacing character by means of a public electronic communications network, per the BBC. The court heard that Thompson did not know that making comments on a social media post could be a crime.
The post he replied to had the Cumbria Police announcing a dispersal order over a possible planned protest on Wednesday. Over the past few weeks, the UK has seen widespread protests against mass migration and counter protests from "Muslim patrol" vigilante groups. Prime Minister Keir Starmer has mobilized police forces and a "standing army" to go after "far-right" protesters, which has resulted in hundreds of arrests over the last couple of weeks.
On Wednesday, UK's Director of Public Prosecutions of England and Wales, Stephen Parkinson, stated that a dedicated team of authorities would be monitoring social media platforms for any materials deemed to be "inciting racial hatred." Even those who repost said materials will be charged, he said.
Thompson's defense attorney Kate Hunter tried to say his comments were not racially related and had to do with the police, adding that her client has apologized and "certainly says he won’t be repeating this mistake again."
However the presiding judge over the case, John Temperley stated: "This offence, I’m afraid, has to be viewed in the context of the current civil unrest up and down this country. And I’ve no doubt at all that your post is connected to that wider picture I’ve read in the case summary of the comments you made on arrest which clearly demonstrate to me that there was a racial element to the messaging and the posting of these emojis."