Social Media Posts: Penalties for Offences

Debate between Kieran Mullan and Scott Arthur

Monday 17th November 2025 Westminster Hall

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

It is a pleasure to serve under your chairmanship, Sir Roger. I thank the Petitions Committee for enabling this debate, and the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) for opening it. I am also grateful to the hon. Member for Great Yarmouth (Rupert Lowe), who launched and promoted the petition. Like others, I thought it was the first time I had come across a petition from a Member, and it turns out that it is. The number of signatures that the hon. Member managed to secure shows that this issue is of great interest to our constituents, and it is right that we, as elected representatives in Parliament, debate these matters.

I want to begin by talking about something that was not given sufficient focus in the debate: priorities and choices. Police officers cannot and have never been able to investigate and solve all crimes, all the time. They will never be able to do that, so choices and priorities have always been at the heart of policing since it was introduced in this country. The Opposition would rather that our police officers prioritise catching burglars, car thieves, shoplifters and violent offenders, and it seems clear to me that the public agree.

It also seems clear that this is an issue on which the police, the CPS and the courts do not get it right all the time. As always, we cannot be led entirely by the worst examples, but they inevitably raise public concern. I will not focus overly on individual cases, many of which have been well publicised and often, thankfully, not taken forward in the end, but that begs the question: what would have happened to less high-profile individuals, or in cases that were less well publicised? The outcome may have been different, so this issue clearly needs our attention. That is not to say that there should never be any restriction on what people can put online. We need to find a balance akin to the one that we manage, as a whole—although certainly not perfectly—to keep more consistently in what we might call the real world.

The criminalisation of hate speech and incitement is not new; what has changed is the scale and immediacy of communication in the digital age. Social media allows anyone with a mobile phone to reach potentially millions of people within seconds, and their words are essentially permanent and traceable. It exposes individuals to a constant stream of content, often stripped of context, and sometimes designed to provoke. Social media also strips away the manner in which something is said and the demeanour of the person—details that are often key to the prosecution of these sorts of cases in the real world.

We have a responsibility to ensure that the law keeps pace with technology but remains fair, proportionate and grounded in common sense. Those who use social media to clearly and obviously promote hatred, threaten individuals or genuinely incite violence must not be able to act with impunity. But we must also ensure that sentencing reflects the seriousness of each case, that it distinguishes between genuine threats and offensive opinion, and that it maintains public confidence in both justice and freedom of expression.

The judiciary has discretion to consider the context, harm and intent behind each offence, and proportionality is key. Sentences must be transparent, consistent and seen by the public to be fair. We know that the vast majority of people in this country value free speech deeply, but they also expect accountability for those who cross the line into criminality. The balance is delicate and must be protected. Social media has created new forms of harm, but also new forms of expression, and the justice system must navigate these novel complexities carefully. However, when the response appears to some to exceed what is necessary to deter or rehabilitate, it is right that Parliament examines whether the framework that guides decisions remains appropriate.

There have been increasing anecdotal reports of the police arriving in disproportionate numbers to arrest children, parents and older people who may have said “the wrong thing”—as they might describe it—online. One example, widely reported in the press, was the arrest of Graham Linehan by five armed police officers at Heathrow in September. His alleged offence was a series of social media posts in which it seemed apparent to most dispassionate observers that he joked about punching transgender women in the genitals if they refuse to leave female-only spaces. That is a good example of the sort of joke that would not be welcome, and that many people would think was displeasing or inappropriate, but it should have been carefully considered before it was put forward as a possible crime. It was hardly worthy of the time of five armed police officers.

Such use of police time and resources was completely disproportionate when officers’ efforts could be focused on dealing with the crimes that our constituents care more about—such as knife crime, shoplifting and burglary—that regularly go unsolved and do not have the same level of attention in all circumstances. I welcome the fact that in response—and in clear support of the fact that there is an issue—the Metropolitan police announced that they will no longer investigate non-crime hate incidents. I direct those who think there is no issue to the decision by an independent police force to make a major change in how it polices these sorts of things and to

“focus on matters that meet the threshold for criminal investigations”.

We need to see that approach applied across the whole country. The Conservatives put that idea to a vote in the Crime and Policing Bill Committee earlier this year, but sadly the Government voted it down.

The National Police Chiefs’ Council, supported by the College of Policing, has reviewed the use and effectiveness of non-crime hate incidents. Subsequently, in September, the NPCC and the college wrote to the Policing Minister urging her to immediately scrap non-crime hate incidents in their current form, but the Government have not acted. They have ignored the authors of the review that they commissioned, and kicked the issue into the long grass. Will the Minister work with the Home Office to implement the recommendations of the NPCC and the College of Policing?

More broadly, the Government are not being transparent about this issue. They do not collect data on non-crime hate incidents and they do not publish data on the number of arrests made for online malicious communications offences. Accurate quantitative data on arrests and prosecutions for offences on social media are therefore hard to come by. Does the Minister agree that the Government should do more to assuage concerns by collecting and publishing data that might help to illuminate the issue?

We do have some data. In April, The Times published an article using data collated from freedom of information requests, setting out the number of arrests made in recent years under section 1 of the Malicious Communications Act 1988 and section 127 of the Communications Act 2003. The newspaper reported that police officers are making more than 12,000 arrests a year under the legislation, equating to more than 30 a day. I remind hon. Members about the issue of priorities: police officers are going out and making 12,000 arrests a year for these sorts of offences. The paper also claims that the number of arrests in 2023 represented an almost 58% increase from before the pandemic, and that forces recorded 7,734 arrests in 2019.

[Dr Arthur]

I am sorry to interrupt the hon. Gentleman’s summing up; he is doing a great job. Those numbers invite some further investigation. Thirty per day does sound like quite a lot of arrests, but in how many cases was the communication the sole reason for the arrest? Was it just a matter of there being many other factors combined, and that was just one point in the arrest schedule?

[Dr Mullan]

That is a good example of the sort of question we cannot answer. We have had to rely on a media organisation putting forward FOIs to get some information. If the Government took ownership of the issue and published proper data, which might be able to pick out the nuances, we could have a more realistic debate. The hon. Gentleman is right that that could be the explanation, but we are none the wiser.

We cannot simply blame this spike on rank-and-file officers. They are often only following orders from their superiors, who point to guidance from the NPCC and the College of Policing. Another key issue is that many people I have spoken to who perhaps thought that people such as Lucy Connolly had done the wrong thing and should be punished, but were concerned about the length of the prison sentence. At the same time as the Government will not budge on this issue, they are passing legislation that will let thousands of violent sexual offenders out of prison early. Very many thousands of them will serve only a third of their sentences. The Government say that there is not enough prison space, yet their proportionate response is to say that we have plenty of prison space to arrest other people.