Oral Answers to Questions

Debate between Gregory Campbell and Dominic Grieve

Tuesday 9th July 2013 Commons Chamber

[The Attorney-General]

The principle of the Malicious Communications Act 1988 places a higher threshold on prosecution than an ordinary abusive comment, but it must be shown that, in the circumstances, the comment was grossly offensive. I hope that the guidelines issued by the CPS—I am grateful to my hon. Friend for his appreciation of what they have done—will provide a framework that shows clearly what is and what is not acceptable, but there are bound to be areas that present some difficulty. The basic rule must be that the fact that someone is operating on social media does not give that person immunity from the criminal law.

[Mr Gregory Campbell (East Londonderry) (DUP)]

As one who, some time ago, was the subject of a specific death threat on a social media site—which, thankfully, resulted in a successful prosecution—may I ask the Attorney-General to reassure the public that people’s perception of their own anonymity on a keyboard will be dispelled, and that those who break the law on line will be rigorously pursued?

[The Attorney-General]

I agree with the hon. Gentleman. I think that some individuals have come in for a rude surprise when they have been prosecuted despite having believed that they enjoyed anonymity. While of course there may be circumstances in which prosecutions cannot be brought—there can clearly be no prosecution when material is placed on the internet from abroad—I am generally satisfied, on the basis of what I have observed, that both the police and the CPS have responded proactively. They take offences of this kind seriously, and are keen to convey the message that this is not an area in which people can behave with impunity.