Source · Select Committees · Petitions Committee
Recommendation 16
16
Acknowledged
Paragraph: 77
The Law Commission is right to recommend refocusing online communications offences onto the harm abusive...
Conclusion
The Law Commission is right to recommend refocusing online communications offences onto the harm abusive messages can cause to victims. We welcome the Government’s commitment to adopt the proposed threatening and ‘harm-based’ communications offences. However, we also acknowledge the uncertainty and hesitation of some witnesses about how the new harm-based offence will be Tackling Online Abuse 49 interpreted in practice, including the role of social media companies and other online platforms in identifying this content—as well as other witnesses’ desire for the law to deal with more cases of online abuse more strongly.
Government Response Summary
The government welcomes the committee's comments, confirms the Online Safety Bill will incorporate the Law Commission's recommended communications offences, and notes concerns about interpretation, stating the CPS is anticipated to update guidelines and implementation will be monitored.
Paragraph Reference:
77
Government Response
Acknowledged
HM Government
Acknowledged
We welcome the Committee’s recommendations regarding the Law Commission’s review, ‘Modernising the Communications Offences.’ The government’s interim response to the Law Commission’s review confirmed that the Bill will incorporate the Law Commission’s recommended harmful communications offence, threatening communications offence, false communications offence. The Bill will also include the Law Commission’s recommended cyberflashing offence. We note the Committee’s comments related to the interpretation of the harm-based offence. The offence—and the other new communication offences—will ensure that the criminal law is focused on the most harmful behaviour while protecting free expression. The government also anticipates the Crown Prosecution Service’s (CPS) will update the guidelines on prosecuting cases involving communications sent via social media. We will monitor the implementation of the new communications offences and its impact on the criminal justice system once these offences come into force. Notifiable offences are collected from police forces on a monthly basis and published within the quarterly Crime statistics by ONS found here Crime in England and Wales—Office for National Statistics (ons.gov.uk).