Abstract
The evolution of social media in recent years has significantly changed the way society interacts and engages with each other. Research has shown that there has been a 21% increase in social media usage by UK adults from 2011 to 2017. This drastic shift regarding the way we communicate can be said to bring many benefits; however, it can also impose serious legal issues. Such legal issues include ‘revenge porn’, online blackmail and ‘trolling’. For the purpose of this investigation, the main focus of the research will be on the area of offensive online communications.The investigation will cover the effectiveness of the current criminal law in terms of offensive online communications. In addition to this, the research will be highlighting any gaps within the current law in regard to overcoming this problem. When considering potential reforms, the right to freedom of expression will remain at the forefront of the research to prevent any alienation of human rights.
Highlights
The evolution of social media in recent years has significantly changed the way society interacts and engages with each other
Many legal writers and official bodies such as the Law Commission and the Crown Prosecution Service (CPS) have acknowledged the problems the archaic nature of the Malicious Communications Act 19882 and the Communications Act 20033 create in criminalising offensive online communications
Defendants are self-represented and inappropriate technical and obsolete language only further alienates the public from our system, which damages the profession.6. In their 2013 guidelines on ‘Prosecuting cases involving communications sent via social media’7, the CPS stress the need to interpret the meaning of terms such as ‘grossly offensive’ in compliance with the right to freedom of expression
Summary
The evolution of social media in recent years has significantly changed the way society interacts and engages with each other. Many legal writers and official bodies such as the Law Commission and the Crown Prosecution Service (CPS) have acknowledged the problems the archaic nature of the Malicious Communications Act 19882 and the Communications Act 20033 create in criminalising offensive online communications This concern has heightened recently as more people access social media. Defendants are self-represented and inappropriate technical and obsolete language only further alienates the public from our system, which damages the profession.6 In their 2013 guidelines on ‘Prosecuting cases involving communications sent via social media’, the CPS stress the need to interpret the meaning of terms such as ‘grossly offensive’ in compliance with the right to freedom of expression. This, is not occurring in England and Wales and shows that reforms regarding the mens rea, are urgent, primarily due to the last update being in 2003
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