This is the latest in a series of recent cases where magistrates have given prison sentences to those sending grossly offensive messages through the internet.
Those individuals who posted vile tweets against Stella Creasy MP and the footballer Fabrice Muamba, and who advocated the bombing of mosques after the murder of Drummer Lee Rigby, have all been jailed.
Quite rightly, the threshold for prosecution remains high. Tittle tattle, caustic diatribe or banter however misplaced, will not suffice. Threats of sexual and physical violence or crude racist comments will, however, cross the line.
In each case, the CPS has a wide discretion whether or not to charge. The intention of the Communications Act is not to stifle free speech but to criminalise hate speech. The right balance has been struck here.
But Ms Berger’s case should not be seen as creating a binding precedent.
What we are seeing is a gradual and growing message from the courts that posts and tweets of such a nature must be deterred by the imposition of prison sentences.
At the very least, Ms Berger’s case will encourage those of us horrified at the online shows of hatred this summer, when anti-Israel criticism so often descended into blatant antisemitism.
