Harassment: Social Media

Question

The Government is absolutely clear that abusive or threatening behaviour, or harassment, online or offline, is totally unacceptable. A number of offences may be committed by such behaviour, in particular under section 1 of the Malicious Communications Act 1988 or section 127 of the Communications Act 2003. Changes to the law being taken forward in the Criminal Justice and Courts Bill will help to ensure that people who commit those offences are prosecuted and properly punished. Online harassment could also amount to an offence under the Protection from Harassment Act 1997 if it is carried out as part of a ‘course of conduct’ which amounts to harassment or puts someone in fear of violence. Where any crime is motivated by or demonstrates hatred based on certain characteristics (such as sexual orientation) of the victim, the courts must take this into account in passing sentence.

The Government expects social media companies to have robust processes in place to respond promptly when abuse is reported; including acting quickly to assess the report, removing content which does not comply with the acceptable use policies or terms and conditions in place and, where appropriate, suspending or terminating the accounts of those breaching the rules in place.

Where a convicted offender receives a community order or a suspended sentence order the court may impose requirements, including a prohibited activity requirement, which could be used to restrict use of the internet or social media.

Where a convicted offender receives an immediate custodial sentence and is released on licence a condition could be imposed to limit the offender’s access and use of the internet. Licence conditions are set by the prison governor or Parole Board.

We have no plans for further legislation to inhibit convicted offenders from accessing social media.