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Social Media: Misuse

Answer

The Government is absolutely clear that abusive or threatening behaviour, stalking or harassment, are totally unacceptable, whether online or offline. A number of offences may be committed by misusing the internet or social media in this way, in particular under section 1 of the Malicious Communications Act 1988 or section 127 of the Communications Act 2003. Changes to the law in the Criminal Justice and Courts Bill will help to ensure that people who commit those offences are prosecuted and properly punished.

Stalking causes misery for victims. That is why in 2012 we added to the Protection from Harassment Act 1997 two new specific offences of stalking (section 2A) and stalking involving fear of violence or serious alarm or distress (section 4A), the latter of which is punishable by up to five years in prison, or a fine, or both. Online stalking or harassment could amount to one of these offences if it is carried out as part of a ‘course of conduct’ which amounts to stalking, and could amount to the more serious offence if that course of conduct puts someone in fear of violence, or if it causes them serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities

The number of defendants proceeded against at magistrates' courts and found

guilty at all courts for offences relating to the Computer Misuse Act 1990,

from 1990 to 2013 (latest data available), can be viewed in the table.

Information held centrally by the Ministry of Justice on the Court Proceedings Database does not include the circumstances behind each case beyond the description provided in the statute. It is not possible to separately identify from this centrally held information convictions and sentences involving the use or misuse of social media, or cyber crime. This detailed information may be held on the court record but due to the size and complexity is not reported centrally to the MoJ. As such, the information requested can only be obtained at disproportionate cost.

Court proceedings data for 2014 are planned for publication in May 2015.

Defendants proceeded against at magistrates' court and found guilty at all courts for offences relating to the Computer Misuse Act 1990, England & Wales, 1990-2013(1)(2)
Year	Proceeded Against	Found Guilty(3)
1990	-	-
1991	1	1
1992	-	-
1993	-	-
1994	-	-
1995	-	-
1996	2	2
1997	-	-
1998	16	9
1999	13	11
2000	19	15
2001	25	31
2002	18	14
2003	19	5
2004	21	12
2005	24	16
2006	25	18
2007	19	10
2008(4)	17	12
2009	19	10
2010	10	18
2011	11	11
2012	25	27
2013	55	40
Total	339	262
(-) Nil
(1) The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.
(2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
(3) The number of defendants found guilty in a particular year may exceed the number proceeded against as the proceedings in the magistrates' court took place in an earlier year and the defendants were found guilty at the Crown Court in the following year; or the defendants were found guilty of a different offence to that for which they were originally proceeded against.
(4) Excludes data for Cardiff magistrates' court for April, July and August 2008.
Source: Justice Statistics Analytical Services - Ministry of Justice.
PQ 222192

Secondary information

Type

Written question

Reference

222193

Session

2014-15

Grouped for answer

Yes

Transferred

Yes

Subjects

Misuse Social media

Contains statistics

Yes

Link

View this Written question on www.parliament.uk