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."
More top news
Merseyside Police are hunting convicted murderer Shaun Walmsley after two armed men helped him escape custody while on a hospital visit.
An ITV News investigation into the Deliveroo food service has revealed evidence of unsafe training and pay being docked for toilet breaks.
Mild air moving away