Let, me also add. There are no doubt already and in future likely to be numerous examples of rather over zealous and humour deficient officials whom engage in prosecution of statements that do not deserve it.
But that's why this was an important test case.
http://www.bbc.co.uk/news/uk-19010842
So at least in Common law, there appears to now be a descent basis for deciding between the authentically viscous speech and the frivolous 'dark' joke.