Ilana Davis secures conviction in Rap YouTube case

A man has been convicted of an offence under Malicious Communications Act 1988 after uploading a threatening rap video to YouTube.

The defendant’s film included a gravestone bearing the complainant’s name, references to the complainant’s funeral and repeated audio of firearms.

The defence argued that (1) uploading a video to YouTube did not amount to sending a communication to the complainant, and (2) the defendant had exercised artistic licence which did not amount to a criminal offence.

However, Ilana Davis for the prosecution successfully argued that, following the recent High Court decision in Chabloz v CPS [2019] EWHC 3094 (Admin), uploading a video to YouTube did amount to sending a video to the complainant and the content of the video went beyond artistic licence.

Ilana is a second six pupil at Citadel Chambers. She accepts instructions for the prosecution and defence.