Customize Consent Preferences

We use cookies to help you navigate efficiently and perform certain functions. You will find detailed information about all cookies under each consent category below.

The cookies that are categorized as "Necessary" are stored on your browser as they are essential for enabling the basic functionalities of the site. ... 

Always Active

Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.

No cookies to display.

Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

No cookies to display.

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.

No cookies to display.

Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.

No cookies to display.

Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.

No cookies to display.

New guidelines from the Crown Prosecution Service (CPS) on social media may have wide ranging consequences for offenders.

Retweets do equal endorsements if it encourages the sharing of ‘grossly offensive’ materials. Other acts of “virtual mobbing” which incite hatred, can occur criminal charges. Participating in this form of online behaviour may incur charges under the Serious Crime Act 2007.

Prosecutors are reminded that Section 1 of the Malicious Communications Act 1988 and Section 127 of the Communications Act 2003 concern online materials deemed ‘grossly offensive’. Yet, “a communication sent has to be more than simply offensive to be contrary to the criminal law”. So in practise, context matters. A high criminal threshold also concerns ‘public interest’ and the right of free speech.

The CPS does not want to curtail free speech but it calls on prosecutors to consider how online statements impact and harm victims. For example, if there is a hate crime element to the communication, or the offence is repeated, this will factor into the seriousness of any potential offence.

Age, however, does matter. The guidance calls on prosecutors to show due lenience for individuals under the age of 18 – as children and young people may lack the maturity to understand the seriousness of such communications. Pursuing minors in this category is ‘rarely’ in the public interest.

Curtailing freedom of speech is not taken lightly – and is restricted to the measures of necessity and proportionality. So, for example, a case may fail this test if a perpetrator demonstrated remorse for their actions, or the communication was not intended for a large audience, where the intended audience did not include the victim or ‘target’ of the communication.

If, however, the motivation for online abuse were motivated by prejudice towards the victim’s ethnic origin, religion or other protected characteristics, this could put comments into the threshold of ‘grossly offensive’. This is also true for communications made during tragic events, where certain communities are impacted.

If prosecutors are unsure about the varieties of the language around anti-Muslim hate, they are encouraged to contact support groups like Tell MAMA or the victim for further clarification. In a welcome move, the CPS also recognises the intersectionality of hate speech. A victim may, for example, be targeted online because of their perceived religious identity and sexual orientation.

As Director of Public Prosecutions Alison Saunders made clear: “The internet’s not an anonymous place where people can post without any consequences. People should think about their own conduct.

“If you are grossly abusive to people, if you are bullying or harassing people online, then we will prosecute in the same way as if you did it offline.”

A CPS consultation on these guidelines will run for the next 13 weeks. Tell MAMA will continue to support the CPS in its understanding of the complexities of anti-Muslim hate.