The Need for a Dualist Application of Public and Private Law in Great Britain Following the Use of “Flame Trolling” During the 2011 UK Riots

Abstract

Since time immemorial, the legal systems of Great Britain have often been spoken of highly as pinnacles of democracy. However, the split between criminal law and tort law have often caused problems where the police has often focused on the prosecution of people in poverty and where only the wealthy can afford to use the system. This chapter discusses the extent and limitations of existing measures to tackle computer-related crime, particularly with regards to the abusive kind of Internet Trolling, namely “flame trolling.” The chapter recommends further research to establish whether it should be the case that in a society based on dualism that criminal and civil cases should be held at the same time, and that in both instances those being accused of an offence or tort should be allowed to bring a counter-claim. It is discussed that in such a system the cases that would be brought are where there is a clear victim who had no part in the offence against them, such as murder, rape, theft and burglary, which are usually carefully planned and orchestrated acts.