CPS publishes social media crime guidelines for prosecutors as police are deluged with complaints

By Angela Haggerty, Reporter

June 20, 2013 | 5 min read

Guidelines for prosecutors on what is and isn't acceptable conduct on social media have been published by the Crown Prosecution Service (CPS).

Guidelines: Keir Starmer QC

The guidelines were drawn up after a three-month consultation period which solidified interim guidelines published in December. Britain's police forces have reported a 780 per cent increase in reports of crime related to social media in the last four years, heaping pressure on resources as the law has struggled to keep up with the digital age.

Prosecutors should consider whether social media communications constitute a credible threat, specifically target an individual or individuals, breach a court or order or can be considered grossly offensive, indecent, obscene or false, according to the guidelines.

On offensive or indecent speech, the guidelines say that any prosecutions must be considered alongside Article 10 of the European Convention on Human Rights, which protects freedom of expression. The document states that there should be a 'high threshold' and prosecutions should only be pursued if content is at the extreme end of the scale.

The guidelines state that prosecution of children and young people would rarely be in the public interest.

High profile social media prosecutions have included 19-year-old Matthew Woods, who was convicted last year for posting offensive material on Facebook about missing child April Jones, and 21-year-old Liam Stacey who was handed a 56-day prison sentence for posting racially abusive comments on Twitter about footballer Fabrice Muamba after he collapsed during a Bolton Wanderers match last year.

Recently, 24-year-old Michaela Turner was given a suspended jail sentence for posting offensive material on Facebook following the killing of Drummer Lee Rigby in Woolwich, including a post saying: "Feeling like burning down some mosques in Portsmouth, anyone want to join me?"

Following the three-month consultation, the following changes to the original guidelines were agreed.

Greater detail about communications targeting specific individuals, particularly making it clear that this category relates to communications that constitute harassment or stalking

Clarification that where a communication might constitute a credible threat of violence or harassment or stalking, prosecutors should consider whether the offence is racially or religiously aggravated or whether there is aggravation related to disability, sexual orientation or transgender identity and pay particular regard to the increase in sentence provisions

In those cases where communications might be considered grossly offensive, indecent, obscene or false that meet the high threshold for prosecution, the guidelines have been amended to make clear that prosecutors should particularly consider whether there is a hate crime element to the communication, when assessing the impact on the victim

Clarification of the wording of the public interest factors to be considered for prosecution under section 1 of the Malicious Communications 1988 or section 127 of the Communications Act 2003

Clarification that when considering the public interest factors set out in the guidelines in relation to cases considered grossly offensive, indecent, obscene or false, prosecutors should also consider the public interest test set out in the Code for Crown Prosecutors, particularly with regard to the circumstances of and harm caused to the victim

Director of public prosecutions Keir Starmer QC said: "When I published the interim guidelines on prosecuting cases involving social media, I aimed to strike the right balance between freedom of expression and the need to uphold the criminal law.

"These are cases that can give rise to complex issues, but to avoid the potential chilling effect that might arise from high numbers of prosecutions in cases in which a communication might be considered grossly offensive, we must recognise the fundamental right to freedom of expression and only proceed with prosecution when a communication is more than offensive, shocking or disturbing, even if distasteful or painful to those subjected to it."

The guidelines urge early consultation between police and prosecutors to assess the possibility of prosecutions.

Social Media Crown Prosecution Service

CPS publishes social media crime guidelines for prosecutors as police are deluged with complaints

By Angela Haggerty, Reporter

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