Oral Answers to Questions

Andrew Griffiths Excerpts

Tuesday 4th June 2013 Commons Chamber

[The Solicitor-General]

As my hon. Friend will know from his background in the special constabulary, community resolutions are designed for dealing with low-level matters, when the person involved does not have previous convictions and it is possible to reach an agreement between the parties. Clearly, any serious offence should be dealt with in a different way.

[Andrew Griffiths (Burton) (Con)]

3. What recent discussions he has had with the Director of Public Prosecutions about the Government’s approach to tackling abusive or libellous communications sent via social media.

[The Attorney-General (Mr Dominic Grieve)]

I have held discussions with the Director of Public Prosecutions in relation to the CPS public consultation on the interim guidelines on prosecuting cases involving communications sent via social media. The public consultation closed on 13 March 2013 and the final guidelines will be published shortly. I would like to emphasise that libel itself is not a criminal matter unless it is grossly offensive, indecent, obscene, menacing or threatening.

[Andrew Griffiths]

My constituent Jordan Agar died tragically the day after his 16th birthday in a motorbike accident. Tragically, his mother was then contacted by a fake Facebook profile set up in Jordan’s name with messages such as “Don’t worry mum, I’m not dead. I’ve just run away.” When apprehended, the 21-year-old culprit was given a caution; having once remained anonymous on the internet, he then remained anonymous under the law. What can be done to make sure that mothers such as Jordan’s never have to go through such a thing again?

[The Attorney-General]

I am troubled to hear my hon. Friend’s story. Obviously, it is impossible for me to comment on an individual case. What is clear is that the interim guidelines, already in existence, provide, particularly under the Malicious Communications Act 1988, clear grounds on which such a message could be prosecuted because it is offensive, shocking or disturbing and harasses the person who receives it. The harassment aspect would normally take it straight into the criminal domain. The guidelines are designed to strike a balance. Sometimes things that are merely offensive will not be criminal, but what my hon. Friend described seems to me to be well on the wrong side of the line.