‘Electronic communications media: how to regulate the hate!’

Abstract

ABSTRACT Information technology presents the law with ongoing challenges because of its ability to capture, debate and discuss the most intimate aspects of peoples’ lives. This article will consider whether, given the ease and lack of thought processes behind many online communications, the current statutory regulations in the UK are fit for purpose. In particular, it evaluates the consequences of adapting legislation to cover situations that the legislation was never intended to address. The Malicious Communications Act 1988, for example, was originally intended to cover offences that require contemplation and a series of actions and steps in order to make them out. This aspect of calculated and targeted harm is a significant feature of the offence: for example, letters need to be written, addressed, stamped, and posted. However, given the ease and lack of thought processes behind many online communications, extending the legislation to capture this new medium represents a stark transformation of the criminal sanction originally intended and has led to confusion at law. Furthermore, extending the Communications Act 2003 has not been the panacea many expected, and this will be evaluated in tandem. Conclusions will be drawn about the aptitude of the legislation for dealing with the complexities of online communications. .