Media lawyer: 'Judges must decide on severity of tweet'

Media lawyer Paul Gilbert has told Daybreak that judges will have to decide on "whether or not a tweet itself is more than shocking or offensive."

He added: "It's finding a balance between what the law says about this and the freedom of speech."

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Twitter prosecutions 'may fall'

Fewer criminal charges are likely to be brought against people who post offensive messages on Twitter or Facebook, under new guidelines published today by the Crown Prosecution Service.