House of Lords - Social media and criminal offences - Communications Committee

House of Lords - Social media and criminal offences - Communications Committee:

"The Director of Public Prosecutions has published guidelines for the application of the current statute law to prosecutions involving social media communications. The guidance is clear and accessible. The guidance is structured by conduct, relating different sorts of conduct to different potential offences:

(a)  credible threats of violence to the person or damage to property:

(i)  Offences Against the Person Act 1861, s 16 (threat to kill)

(ii)  Protection From Harassment Act 1997, s 4 (fear of violence)

(iii)  Malicious Communications Act 1988, s 1 (threat)

(iv)  Communications Act 2003, s 127 (of a menacing character)

(v)  together with legislation related to racial, religious, disability, sexual orientation or transgender aggravation 


(b)  communications targeting specific individuals:

(i)  Protection from Harassment Act 1997, s 2 (harassment)

(ii)  Protection from Harassment Act 1997, s 2 (stalking)

(iii)  Protection from Harassment Act 1997, s 4 (fear of violence)

(iv)  Protection from Harassment Act 1997, s 4A (stalking involving fear of violence, serious alarm or distress) 


(c)  breach of court order, e.g. as to anonymity:

(i)  Contempt of Court Act 1981

(ii)  Sexual Offences Amendment Act 1992, s 5 (identification of a victim of a sexual offence)

(iii)  restraining orders, conditions of bail 


(d)  communications which are grossly offensive, indecent, obscene or false:

(i)  Malicious Communications Act 1988, s 1 (electronic communications which are indecent or grossly offensive, convey a threat false, provided that there is an intention to cause distress or anxiety to the victim)

(ii)  Communications Act 2003, s 127 (electronic communications which are grossly offensive or indecent, obscene or menacing, or false, for the purpose of causing annoyance, inconvenience or needless anxiety to another)

 These offences all pre-date the invention of social media. These offences are offences under the law of England and Wales; we have not considered the position in Scotland or Northern Ireland. A table of our own design showing these offences and their relationship to social media is at Appendix 3.

15.  The Protection from Harassment Act 1997 also provides for civil remedies in the form of injunctions and damages, on application to the High Court, to protect a person from harassment." 'via Blog this'