Martin Partington: Spotlight on the Justice System

Although the Law Commission’s 13th Programme of Work was announced only in December 2017, the Commission has already had those plans amended by the Government asking whether changes to the law are needed to ensure that internet trolling can be controlled. More specifically the government has asked the Law Commission to review the laws around offensive communications and assess whether they provide the right protection to victims online.

This is a serious problem. Research shows that nearly a third of UK internet users were on the receiving end of trolling, harassment or cyberbullying in 2017.The Commission will  review  the current laws and set out how they apply to online communications. Its work be informed by developing Government policy in the Government Digital Charter. (See https://www.gov.uk/government/publications/digital-charter published in January 2018.)

Among issues to be addressed are the following:

• How the Malicious Communications Act 1988 deals with offensive online communications

• How the Communications Act 2003 deals with online communications

• What “grossly offensive” means and whether that poses difficulties in legal certainty

• Whether the law means you need to prove fault or prove intention to prosecute offensive online communications

• The need to update definitions in the law which technology has rendered obsolete or confused, such as the meaning of “sender”

• How other parts of the criminal law overlap with online communications laws

It is intended that thw work should be undertaken swiftly. A consultation paper is expected within 6 months.

For further detail see https://www.lawcom.gov.uk/government-asks-law-commission-to-look-at-trolling-laws/