Prosecutions & Social Media Communications

Prosecutions & Social Media Communications

dpp

The Crown Prosecution Service has set out guidelines for prosecutions re: social media:

“Having considered the consultation responses, and our experience of dealing with these cases in recent months, I believe the guidelines do set out the right approach to prosecution by making the distinction between those communications that should be robustly prosecuted, such as those that amount to a credible threat of violence, a targeted campaign of harassment against an individual or which breach court orders, and those communications which may be considered grossly offensive, to which the high threshold must apply.

“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.”

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