Social media and criminal offences - Communications Committee Contents


APPENDIX 3: SOCIAL MEDIA AND CRIMINAL OFFENCES


BehaviourOffence DPP guidanceTime limit, if any, for investigation before prosecution CourtMaximum penalty
Breach of court ordersContempt of Court Act 1981 (3) Breach of court orders
Breach of court orders (e.g. naming a person) Sexual Offences Amendment Act 1992, s 5 (identification of a victim of a sexual offence) (3) Breach of court orders6 months Magistrates' CourtLevel 5 fine (up to £5,000)
Cyber bullyingOffences Against the Person Act 1861, s 16 (threat to kill) (1) Credible threats Crown Court10 years
Cyber bullyingProtection From Harassment Act 1997, s 4 (fear of violence) (1) Credible threats Magistrates' or Crown CourtMagistrates: 6 months, up to maximum fine or both

Crown: 5 years, fine or both

Cyber bullyingProtection from Harassment Act 1997, s 2 (harassment) (2) Communications targeting specific individuals 6 monthsMagistrates' Court 6 months or level 5 fine (up to £5,000) or both
Cyber bullyingProtection from Harassment Act 1997, s 2A (stalking) (2) Communications targeting specific individuals 6 monthsMagistrates' Court 6 months or level 5 fine (up to £5,000) or both
Revenge pornographyCommunications Act 2003, s 127 Malicious Communications Act 1988, s 1 (4) Communications which are grossly offensive, indecent, obscene or false 6 monthsMagistrates' Court 6 months or level 5 fine (up to £5,000) or both
StalkingProtection from Harassment Act 1997, s 4A (stalking involving fear of violence, serious alarm or distress) (2) Communications targeting specific individuals Magistrates' Court or Crown Court Magistrates: 12 months, up to maximum fine or both

Crown: 5 years, fine or both

ThreatsMalicious Communications Act 1988, s 1 (1)Credible threats

(4) Communications which are grossly offensive, indecent, obscene or false

6 monthsMagistrates' Court 6 months or level 5 fine (up to £5,000) or both
Virtual mobbingCommunications Act 2003, s 127 (1) Credible threats

(4) Communications which are grossly offensive, indecent, obscene or false

6 monthsMagistrates' Court 6 months or level 5 fine (up to £5,000) or both
Racial or religious aggravationCrime and Disorder Act 1998 s 28 (2) Communications targeting specific individuals
Disability, sexual orientation or transgender identity aggravation Criminal Justice Act 2003 s 146(2) Communications targeting specific individuals




 
previous page contents


© Parliamentary copyright 2014