Yesterday on Radio 4, Home Secretary Amber Rudd was the latest government minister calling for an overhaul of the criminal law in the name of tackling “intimidation and aggression” on the internet.
Her premise is that “what is illegal offline should also be illegal online”. This was repeated by Theresa May in a speech in Manchester.
The thrust of the complaint did not appear to be that existing laws are being poorly interpreted and enforced by police and prosecutors; nor that certain social media companies are famously reticent in providing information to prosecuting authorities; nor that the existing law is piecemeal and mishmash and could do with a jolly good refreshing and consolidating (all of which are undoubtedly true).
Rather it was that there is a special quality to the law that means that certain threats or abuse made over the internet simply do not amount to a criminal offence, and that new laws are required pursuant to the Something Must Be Done Act.
To help, I’ve cobbled together a comprehensive list of intimidatory acts that are illegal offline, but not illegal when committed over the internet:
Footnote: The Law Commission has been asked to conduct a review into the existing law that will cover, among other things, this very issue. I am fully prepared to bow to the Commission’s wisdom if I’m wrong and made to look like a bit of a wally.🔷
|The Secret Barrister is the author of the book "The Secret Barrister: Stories of the Law and How It's Broken", available on Amazon in print, eBook and audiobook.|
(This piece was first published at TheSecretBarrister.com)