In the digital age, the internet has become an integral part of daily life, connecting people and fostering innovation. However, it has also created new avenues for harmful behaviour, necessitating robust legal measures to protect individuals and maintain order.
In England and Wales, the age of criminal responsibility is set at 10 years old. Children aged 10 and above can be held criminally responsible for online activities such as:
In England and Wales, the age of criminal responsibility is set at 10 years old. Children aged 10 and above can be held criminally responsible for online activities such as:
- Cyberbullying: Using digital platforms to harass or harm others.
- Hacking: Gaining unauthorised access to systems.
- Sharing illegal content: Posting or distributing inappropriate or unlawful material.
- Online fraud: Participating in scams or identity theft.
Communications Act 2003
It is a crime under this Act to send a message by means of a public electronic communications network that is grossly offensive or of an indecent, obscene, or menacing character, or cause any such message or matter to be so sent. Someone will also be guilty if they, for the purpose of causing annoyance, inconvenience, or needless anxiety to another, send by means of a public electronic communications network, a message that they know to be false, causes such a message to be sent or persistently make use of a public electronic communications network.
Online Safety Act 2023:
Section 179: Criminalises the intentional dissemination of false information online with the intent to cause non-trivial psychological or physical harm.
Section 181: Makes it an offence to send electronic communications that convey threats of serious harm, including threats of physical violence.
Section 183: Addresses the unsolicited sending of sexual images electronically, commonly known as cyber-flashing.
Section 184: Criminalises the dissemination of material that promotes or encourages self-harm, including social media posts or private messages.
Section 181: Makes it an offence to send electronic communications that convey threats of serious harm, including threats of physical violence.
Section 183: Addresses the unsolicited sending of sexual images electronically, commonly known as cyber-flashing.
Section 184: Criminalises the dissemination of material that promotes or encourages self-harm, including social media posts or private messages.
Malicious Communications Act 1988:
Under the Malicious Communications Act 1988, it is a crime to send, with the intention to cause distress or anxiety, a letter or electronic message that is that is indecent or grossly offensive, constitutes a threat, or which conveys information that is false and known or believed to be false by the sender. This is what is known as a ‘malicious communication’.
Protection from Harassment Act 1997:
Section 2 of the Protection from Harassment Act 1997 creates the crime of harassment. Harassment is behaviour intended to cause a person alarm or distress. The behaviour must occur on more than one occasion but it does not have the be the same kind of behaviour on each occasion.
Harassment involving putting people in fear of violence is a more serious offence. It involves two or more harassment incidents that leave the victim fearing that violence will be used against them
Racially or religiously aggravated harassment, Crime and Disorder Act 1998, s.32(1)(a)
Section 2A of the Protection from Harassment Act 1997 creates the crime of Stalking. Stalking involves persistently following someone. This can include watching, spying or forcing contact with the victim through any means, including through social media.
Stalking involving fear of violence or serious alarm or distress is a more serious offence. It involves two or more occasions that have caused the victim to fear violence will be used against them or had a substantial adverse effect on their day-to-day activities, even where the fear is not explicitly of violence.
Racially or religiously aggravated stalking, Crime and Disorder Act 1998, s.32(1)(a)
Harassment involving putting people in fear of violence is a more serious offence. It involves two or more harassment incidents that leave the victim fearing that violence will be used against them
Racially or religiously aggravated harassment, Crime and Disorder Act 1998, s.32(1)(a)
Section 2A of the Protection from Harassment Act 1997 creates the crime of Stalking. Stalking involves persistently following someone. This can include watching, spying or forcing contact with the victim through any means, including through social media.
Stalking involving fear of violence or serious alarm or distress is a more serious offence. It involves two or more occasions that have caused the victim to fear violence will be used against them or had a substantial adverse effect on their day-to-day activities, even where the fear is not explicitly of violence.
Racially or religiously aggravated stalking, Crime and Disorder Act 1998, s.32(1)(a)
Counter-Terrorism and Security Act 2015:
This act includes provisions to prevent online activities related to terrorism, such as disseminating extremist content.