CPS publishes social media prosecution guidelines
updated on 28 June 2013
The final guidelines for prosecutions involving social media communications have been published by the director of public prosecutions, Keir Starmer QC.
Following a three-month consultation, Starmer decided to set a high threshold for social media communications to be considered worthy of prosecution, out of a desire to avoid the new guidelines having a chilling effect on freedom of expression. The guidelines distinguish between communications, such as Tweets and Facebook posts, which might be seen as distasteful and even offensive without being worthy of prosecution, and communications which amount to a credible threat of violence, targeted harassment or other forms of hate crime.
On the CPS website, Starmer said: "Millions of communications are sent via social media every day, and prosecutors must be equipped to deal appropriately and consistently with cases arising from the growing use of these new ways of communicating."
"These are cases that can give rise to complex issues, but to avoid the potential chilling effect that might arise from high numbers of prosecutions in cases in which a communication might be considered grossly offensive, we must recognise the fundamental right to freedom of expression and only proceed with prosecution when a communication is more than offensive, shocking or disturbing, even if distasteful or painful to those subjected to it."
