Harassing and abusing people online will be made criminal offences carrying jail sentences of up to five years, under new duty of care laws.
Nadine Dorries, the Culture Secretary, has accepted Law Commission proposals for three new offences to combat “harmful” and “threatening” emails, social media posts and WhatsApp messages, as well as “pile-on” harassment in which individuals are targeted by multiple users.
They will form part of the Government’s new duty of care Bill, for which The Telegraph has campaigned for three years, and where social media giants such as Facebook could be hit by multi-billion pound fines if they fail to prevent and remove illegal content on their sites.
Anyone sending a communication intended to cause harm without reasonable excuse could be prosecuted under a new offence based on the psychological distress it causes to the victim rather than the content of the message. There will be a maximum two-year jail sentence.
A second offence of sending or posting a communication that conveys a threat of serious harm will carry a maximum five-year jail sentence. It is designed to better protect public figures such as MPs, celebrities, footballers and victims of domestic abuse, stalking or coercive online behaviour.
Anyone convicted of the third offence, of sending false communications such as fake cures for Covid, will face a maximum one-year jail term, although courts will be required to show that the perpetrator knew it was untrue when they sent it.
Free speech will be enshrined in the new laws amid fears that the new offences could have a chilling effect on the public’s ability to speak out. None of the offences will apply to regulated media such as print and online journalism, TV, radio and film.
Announcing the plans, Ms Dorries said: “Today’s changes mean we will be able to bring the full weight of the law against those who use the internet as a weapon to ruin people’s lives and do so quicker and more effectively.”
The Online Safety Bill will also be strengthened with a new list of criminal content for tech firms to remove as a priority, or face multi-million pound fines. It means encouraging or assisting suicide will be classified as “priority” illegal content alongside terrorism and child exploitation.
