Happy slapping#France

{{About||the 2013 Canadian drama film|Happy Slapping (film)}}

{{short description|Fad of attacking a victim to record the assault}}

Happy slapping was a fad originating in the United Kingdom around 2005, in which one or more people attack a victim for the purpose of recording the assault (commonly with a camera phone or a smartphone). Though the term usually refers to relatively minor acts of violence such as hitting or slapping the victim, more serious crimes such as the murder of a retired care worker,{{cite web|url=https://www.bbc.co.uk/news/10331547|title='Happy slapping' gang members admit killing Ekram Haque|work=BBC News|date=16 June 2010|access-date=30 November 2015}} and sexual assault were also occasionally classified as "happy slapping" by the BBC.{{cite web |url=http://news.bbc.co.uk/1/hi/england/london/6970516.stm|title=Sex attack phone girls detained|work=BBC News|date=30 August 2007|access-date=30 November 2015}}

Use with video technology

The general availability and affordability of mobile phones with integrated video cameras for the first time in the mid 2000s, in addition to their ease of use, meant that, compared to in previous decades, little if any planning was required to carry out and film such an attack. Similarly, the end product was more easily watched and circulated for entertainment than ever before, spreading through informal networks of person to person sharing. Contemporary media commentators suggested that the craze was inspired by such television shows as Jackass, Dirty Sanchez and Bumfights.{{cite web |url=http://www.manchestereveningnews.co.uk/news/greater-manchester-news/tv-to-blame-for-happy-slapping-craze-1069006|title=TV to blame for 'happy slapping' craze |date=30 June 2005|work=Manchester Evening News|access-date=30 November 2015}}{{cite web|url=http://news.bbc.co.uk/2/hi/entertainment/4539861.stm|title='Don't ban' slap attack TV shows|work=BBC News|date=12 May 2005|access-date=30 November 2015}}{{cite web|url=https://abcnews.go.com/Nightline/story?id=1972548|title='Happy Slapping' Spreads in London|first=Nick|last=Watt|date=17 May 2006|work=ABC News|access-date=30 November 2015}}

History

"Happy slapping" started in the south London Borough of Lewisham,{{cite news|url=http://news.bbc.co.uk/1/hi/uk/4539913.stm|title=Does 'happy slapping' exist?|last=Akwagyiram|first=Alexis|work=BBC News|access-date=1 September 2016}}{{cite news|url=http://www.timesonline.co.uk/article/0,,2-1620568,00.html|archive-url=https://web.archive.org/web/20060105071407/http://www.timesonline.co.uk/article/0,,2-1620568,00.html|url-status=dead|archive-date=January 5, 2006|title=Happy-slap link to TV shows |last=Johnston|first=Chris|work=The Times|access-date=1 September 2016|location=London, UK}} in a format known as "Slap Happy TV", where a happy-slapping video would be recorded, and then watched by dozens of people like a TV show, but in the form of a montage. Videos of Happy Slapping were commonly circulated via Bluetooth on mobile phones. The first newspaper article to use the phrase "happy slapping" was "Bullies film fights by phone", published in The Times Educational Supplement on 21 January 2005, in which reporter Michael Shaw described teachers' accounts of the craze in London schools.

Gary Martin, writing on "The Phrase Finder" website described the phenomenon as: "Unprovoked attacks on individuals made in order to record the event, and especially the victim's shock and surprise, on video phones."{{cite web|url=http://www.phrases.org.uk/meanings/170890.html|title=Happy slapping|first=Gary|last=Martin|work=phrases.org.uk|access-date=30 November 2015}}

Martin wrote that happy slapping "began as a youth craze in the UK in late 2004. Children or passers by are slapped or otherwise mugged by one or more of a gang while others record the event on video and then distribute it by phone or Internet. Initially the attacks were, as the phrase would have us believe, fairly minor pranks ... As the craze spread the attacks became more vicious—often serious assaults known in legal circles as grievous bodily harm."

Legal consequences

=Denmark=

When the international media attention surrounding attacks abroad reached a high point, a girl was sentenced to eight months in prison.[http://www.netavisen-sjaelland.dk/news.php?item.326 "8-måneders fængsel for 'happy slapping'"] {{Webarchive|url=https://web.archive.org/web/20110719130108/http://www.netavisen-sjaelland.dk/news.php?item.326 |date=2011-07-19 }}, Netavisen Sjaelland, 9 November 2006. She was sentenced on a number of counts including previous crimes. {{clarify|date=September 2016}}

A common punishment in 2007 was a fine or up to 40 days in prison, suspended if the attacker has no previous record.[http://www.rigsadvokat.dk/media/bilag/RI_17-2007_Bilag_til_redegorelse____244-246.pdf Oversigt over straffene i voldssager efter ændringen af straffelovens §§ 244–246], Prosecutor General of Denmark (Overview of punishments in cases of violence after change of §244–246); accessed 1 September 2016.{{in lang|da}}Peter Banke [http://www.bt.dk/article/20060419/krimi/104190023 "Slap med bøde for 'happy slapping'"], BT.dk, 19 April 2006.{{in lang|da}} The attacker shall be liable to a fine or imprisonment for any term which does not exceed 3 years.{{Cite web|url=http://www.legislationline.org/documents/section/criminal-codes/country/34/javascript:void();|title=Criminal codes - Legislationline|website=www.legislationline.org|language=en|access-date=2018-02-08}} Happy slapping is judged as "simple battery" as defined by section 244 of the Danish Criminal Code.

=France=

In February 2007, an amendment aimed at criminalising "happy slapping" was added to a law "on the prevention of delinquency" by the Parliament of France based on a proposal from then Interior Minister Nicolas Sarkozy.[http://www.assemblee-nationale.fr/12/dossiers/prevention_delinquance.asp Legislative file], assemblee-nationale.fr; accessed 1 September 2016. {{in lang|fr}}[http://www.legifrance.gouv.fr/WAspad/UnTexteDeJorf?numjo=INTX0600091L Law #2007-297], legifrance.gouv.fr; accessed 1 September 2016. {{in lang|fr}} The anti-happy-slapping clause appears as the last part of Article 44, which also deals with ambushing law enforcement personnel. The law equates filming or photographing certain classes of violent crimes, including severe beatings and rape, with being an accomplice of such crimes. The law makes it illegal to broadcast the images of such crimes, punishable by up to 5 years in prison and/or a €75,000 fine.{{citation needed|date=September 2016}}

The law does not apply to those who took the above actions in order to obtain evidence in court, or as professional journalism. Professional journalism is delimited in France by the "press card", which is awarded by a commission representing journalist unions and press organisations.[http://www.ccijp.net/ Commission de la carte d'identité des journalistes professionnels] As defined by law,Work Code, [http://www.legifrance.gouv.fr/WAspad/UnArticleDeCode?code=CTRAVAIL.rcv&art=L761-2 article L761-2], [http://www.legifrance.gouv.fr/WAspad/UnArticleDeCode?code=CTRAVAIL.rcv&art=L761-15 article L761-15], [http://www.legifrance.gouv.fr/WAspad/UnArticleDeCode?code=CTRAVAIL.rcv&art=L761-16 article L761-16] a professional journalist is one whose main activity is professional paid journalism.

The bill was signed into law on 5 March 2007, despite some organisations, including Reporters Without Borders,{{cite web|url=http://www.rsf.org/article.php3?id_article=21237|title=Communiqué|work=Reporters Without Borders|access-date=30 November 2015|url-status=dead|archive-url=https://web.archive.org/web/20080503213819/http://www.rsf.org/article.php3?id_article=21237|archive-date=3 May 2008}} and the French chapter of Wikimedia,[http://www.wikimedia.fr/index.php/Communiqu%C3%A9s_de_presse/Projet_de_loi_prevention_delinquance Communiqué] {{Webarchive|url=https://web.archive.org/web/20070322032005/http://www.wikimedia.fr/index.php/Communiqu%C3%A9s_de_presse/Projet_de_loi_prevention_delinquance |date=2007-03-22 }} {{in lang|fr}} arguing that this clause created a legal discrimination in criminal law between professional journalists and ordinary citizens practising journalism. Specifically, it was argued that citizens filming incidents of police brutality and publishing such information online could be intimidated by law enforcement into remaining silent, or prosecuted for their actions. This criticism was relayed by the international media.[https://web.archive.org/web/20070314094944/http://www.timesonline.co.uk/tol/news/world/europe/article1490130.ece Criticism of anti-"happy slapping" law], timesonline.co.uk, 9 March 2007.
[http://www.post-gazette.com/pg/07070/767887-96.stm Criticism of anti-"happy slapping" law], post-gazette.com, 11 March 2007.
[https://web.archive.org/web/20070317023342/http://www.weeklystandard.com/Content/Public/Articles/000/000/013/410gvlul.asp Criticism of anti-"happy slapping" law], WeeklyStandard.com, 14 March 2007.

French President Nicolas Sarkozy declared to Reporters Without Borders that "the spirit of the law is not to infringe [on] freedom of information. However, if the least doubt subsist[s], then I'm in favour of a clarification of the law."[http://www.rsf.org/imprimer.php3?id_article=21704 Communiqué] {{webarchive|url=https://web.archive.org/web/20070930225940/http://www.rsf.org/imprimer.php3?id_article=21704 |date=2007-09-30 }}, rsf.org, 13 April 2007[http://www.rsf.org/IMG/pdf/Reponse_Sarkozy.pdf Nicolas Sarkozy comments on "happy slapping" legislation] {{webarchive|url=https://web.archive.org/web/20070930181146/http://www.rsf.org/IMG/pdf/Reponse_Sarkozy.pdf |date=2007-09-30 }}, rsf.org; accessed 1 September 2016.

=United Kingdom=

In March 2008, a teenage girl who filmed the fatal beating of a man on her mobile phone was sentenced to two years' detention in the first prosecution of its kind in the United Kingdom. The judge stated that the courts had to make an example of such youths. She had pleaded guilty at Leeds Crown Court in February 2008 to aiding and abetting the murder of Gavin Waterhouse, 29, from Keighley, West Yorkshire. Mark Masters, 19, from Keighley, and Sean Thompson, 17, from Bradford, were sentenced to seven and six years, respectively, after admitting to murder. Waterhouse died from a ruptured spleen after being beaten in September 2007.{{cite news|url=http://news.bbc.co.uk/2/hi/7244782.stm?lsm|title=Happy slap attack girl guilty|publisher=BBC News|date=14 February 2008|access-date=1 September 2016}}{{cite news|url=http://news.bbc.co.uk/2/hi/uk_news/england/west_yorkshire/7244782.stm|title='Happy slap' death girl convicted|work=BBC News|date=14 February 2008|access-date=1 September 2016}}{{cite news|url=https://www.theguardian.com/uk/2008/mar/18/happyslap.killing|title=Girl jailed for filming 'happy-slap' killing|work=The Guardian|date=18 March 2008|access-date=1 September 2016|location=London, UK|first=Angela|last=Balakrishnan}}

Just before the attack, the girl was handed a mobile phone by one of the attackers and told to "video this", prosecutors said. She approached Waterhouse, asked for money, and recorded the subsequent attack. She was sentenced to serve a two-year detention training order. Police said they were satisfied with the court's decision. The Crown Prosecutor said "this is the first time a suspect in England and Wales has been successfully prosecuted for aiding and abetting murder or manslaughter, for the filming of an inaptly called 'happy slapping' incident".[https://web.archive.org/web/20160915015611/http://uk.reuters.com/article/uk-britain-slapping-idUKL1884088120080318 "Suspect sentenced for aiding and abetting a 'happy slapping' incident"], news.com.au; accessed 1 September 2016.

Media-reported incidents

  • United Kingdom: On 9 May 2005, a 16-year-old Plant Hill Arts College student was beaten up and left unconscious in a vicious "happy slapping" attack in Blackley, Manchester. Footage of the attack was circulated on students' phones.{{cite news|url=http://news.bbc.co.uk/1/hi/england/manchester/4563419.stm|title=Mother rages at 'slap attackers'|work=BBC News|access-date=23 May 2007}}
  • United Kingdom, 18 June 2005: Police arrested three 14-year-old boys for the suspected rape of an 11-year-old girl who attended their school in Stoke Newington, London. Authorities were alerted when school staff saw footage from the students' phones.{{cite news|url=http://www.timesonline.co.uk/tol/news/uk/article534788.ece|archive-url=https://web.archive.org/web/20070213081213/http://www.timesonline.co.uk/tol/news/uk/article534788.ece|url-status=dead|archive-date=February 13, 2007|title=Girl's rape 'filmed by teenagers on mobile'|work=The Times|access-date=23 May 2007|location=London, UK|first=Tosin|last=Sulaiman}}
  • United Kingdom, 7 December 2005: Singer Myleene Klass was happy-slapped in Bermondsey, South London.{{cite news |url=https://www.mirror.co.uk/celebs/news/2005/12/08/myleene-s-happy-slap-hell-115875-16459157|title=Myleene's Happy Slap Hell|work=The Mirror|access-date=1 September 2016|location=London, UK|first=Cameron|last=Robertson}}
  • United Kingdom, December 2005: A 15-year-old-girl, Chelsea O'Mahoney (her name was initially withheld, although this decision was reversed during sentencing){{cite news|url=http://news.bbc.co.uk/2/hi/uk_news/england/london/4637382.stm|title=Youths jailed for barman killing|work=BBC News|access-date=1 September 2016}} and her co-defendants Reece Sargeant, 21, Darren Case, 18, and David Blenman, 17, were all convicted of the manslaughter of David Morley in London. Barry Lee, 20, and another 17-year-old were cleared of all charges. According to press reports, "The 15-year-old girl had told Morley that she was making a documentary about 'happy slapping' before her gang of friends kicked him to death."{{cite news|url=http://news.bbc.co.uk/1/hi/uk/4410462.stm|title=Feral pack who thrived on violence|work=BBC News|last=Summers|first=Chris|access-date=1 September 2016}}{{cite news|url=http://www.sky.com/skynews/article/0,,30000-13497289,00.html|title=Jail For Happy Slap Killers|work=Sky News|access-date=23 May 2007}}
  • Sweden, 1 September 2006: A 16-year-old boy happy slapped and hospitalised a 15-year-old boy in the city of Örebro. Hours later, the victim's 17-year-old sister stabbed and killed the assailant with a hunting knife and claimed self-defence. The happy slapping was filmed and distributed online. The incidents were considered gang-related.{{cite news|url=http://www.turunsanomat.fi/ulkomaat/?ts=1,3:1003:0:0,4:3:0:1:2006-09-05,104:3:402952,1:0:0:0:0:0:|title=Isosisko pisti kuoliaaksi pikkuveljensä hakkaajan Örebrossa|language=fi|work=Turun Sanomat|access-date=23 May 2007|archive-url=https://web.archive.org/web/20070930192345/http://www.turunsanomat.fi/ulkomaat/?ts=1,3:1003:0:0,4:3:0:1:2006-09-05,104:3:402952,1:0:0:0:0:0: |archive-date=30 September 2007}}
  • Australia, 23 October 2006: Police in Victoria launched an investigation into the production and distribution of a DVD, Cunt: The Movie, featuring footage of several youths sexually assaulting a girl and setting her hair on fire. DVD copies were allegedly sold at the Werribee Secondary College for AU$10.{{cite news|work=The Age|url=http://www.theage.com.au/articles/2006/10/27/1161749297302.html|title=DVD school in despair|access-date=23 May 2007|location=Melbourne}}{{cite news|work=The Age|url=http://www.theage.com.au/articles/2007/03/08/1173166839072.html|title=Teens face DVD porn charges|access-date=23 May 2007|location=Melbourne}}
  • United Kingdom, 26 January 2007: Andrew Elvin, 17, was jailed for life, with a minimum custodial sentence of twelve years, for the murder of Luke Salisbury, who died three days after being attacked by Elvin on 2 March 2006. Caine Hallett, 18, was sentenced to five years for manslaughter for the same incident, while Danielle Reeves, 18, faced a retrial in May 2007{{update needed|date=July 2024}} for manslaughter.{{cite news|work=BBC News|url=http://news.bbc.co.uk/1/hi/england/southern_counties/6303599.stm|title=Life for 'happy slap' murder boy|access-date=23 May 2007}}
  • United Kingdom, 14 February 2007: Eight youths set upon a 31-year-old man, Curtis Mulcare, in Brighton, who turned out to be an amateur boxer. Two of the youths were hospitalised by the intended victim and four were arrested for causing an affray.{{cite news|work=The Argus|url=http://www.theargus.co.uk/search/display.var.1191429.0.six_teens_bailed_in_happy_slap_inquiry.php|title=Six teens bailed in 'happy slap' inquiry|access-date=23 May 2007}}
  • United Kingdom, July 2007: Anthony Anderson, 27, of Hartlepool, urinated on a dying woman while a friend made a video of the incident. He is reported to have yelled "This is YouTube material!"USA Today: [http://blogs.usatoday.com/ondeadline/2007/09/man-urinates-on.html Man urinates on dying woman, declaring it "YouTube material"] {{webarchive|url=https://web.archive.org/web/20071011015121/http://blogs.usatoday.com/ondeadline/2007/09/man-urinates-on.html |date=2007-10-11 }}, usatoday.com; accessed 1 September 2016.
  • United Kingdom, November 2007: Emily Nakanda, 15, a contestant in the TV show The X Factor, withdrew from the competition after a happy-slapping video in which Nakanda allegedly attacks a teenage girl was discovered on the internet.{{cite news|url=http://news.bbc.co.uk/1/hi/entertainment/7075263.stm|title=X Factor Emily pulls out of show|publisher=BBC News|date=2 November 2007|access-date=1 September 2016}}
  • United Kingdom, May 2008: A teenage girl fell to her death from an attic window while trying to escape a "happy slapping" girl gang.{{cite news|url=http://www.news.com.au/story/0,23599,23729199-2,00.html|title=Teen girl dies fleeing 'happy slap' gang|work=news.com.au|access-date=20 May 2008|url-status=dead|archive-url=https://web.archive.org/web/20080525213957/http://www.news.com.au/story/0,23599,23729199-2,00.html|archive-date=25 May 2008}} Her primary assailant was sentenced to 8 years incarceration while another was ordered detained at a psychiatric facility without a time limit.{{cite web | title=Girl, 15, sentenced to eight years over bullying death of Rosimeiri Boxall | website=The Guardian | date=2009-12-15 | url=http://www.theguardian.com/uk/2009/dec/15/hatice-can-sentenced-bullying-death | access-date=2020-06-30}}
  • United Kingdom, August 2009: Ekram Haque, a retired care worker was assaulted and killed by two teens as he left his house of worship.[https://www.bbc.co.uk/news/uk-england-london-10808090 BBC News, Attorney General to review "happy-slap" sentence] Haque's attack was the subject of a BBC3 episode of Our Crime.[http://www.bbc.co.uk/programmes/b01glw34 "Attacked"], bbc.co.uk; accessed 1 September 2016.

In fiction

{{more citations needed section|date=September 2016}}

In the 2006 Doctor Who episode "School Reunion", the Doctor comments on the kids at the school being very well-behaved, expecting them to be "happy-slapping hoodies with ASBOs and ringtones".

A group of British teenagers in the 2008 movie Eden Lake film the torturing and burning of a young boy.

In the 2009 film Harry Brown, a teenager films the murder of an elderly man, which Michael Caine's character uses as evidence to inflict pain on the teenager.

In episode 1 of series 2 of the British political satire The Thick of It, Hugh tells Glenn to happy slap Ollie while Hugh takes a picture of it on Ollie's phone.

In Coronation Street in November 2013, Simon Barlow was the victim of a happy-slapping incident by Faye Windass and Grace Piper. He was attacked, forced into one of his cousin Amy's dresses, and almost had lipstick applied to him. Grace filmed while Faye attacked him.

In 2011, Canadian filmmaker Christos Sourligas directed a film, also called Happy Slapping, about this phenomenon. The film was shot entirely on iPhone 4S by the cast.{{cite web|url=http://www.hollywoodreporter.com/news/canadian-happy-slapping-feature-shot-228368|title=Canadian 'Happy Slapping' Feature Shot Solely By Actors Using iPhone 4|first=Etan|last=Vlessing|work=The Hollywood Reporter|date=26 August 2011|access-date=30 November 2015}} It was re-edited in 2014 with new material to accommodate the selfie-obsessed market.{{cite web|url=https://montrealgazette.com/entertainment/movies/bill-brownstein-filmmakers-pick-up-the-phone-for-an-update-of-happy-slapping|title=Filmmakers pick up the phone for an update of Happy Slapping|first=Bill|last=Brownstein|work=Montreal Gazette|access-date=30 November 2015}}

See also

References

{{Reflist|33em}}