We are living in the digital age. Technology is a part of everyday life, and so is social media. We use social networking platforms to relay our emotions to our friends, or foes, particularly when intoxicated. But do you know the real cost of posting inappropriate, offensive, rude, or provocative messages on sites like Twitter and Facebook? If not, read on… You only need to send a total of two messages for your behavior to be marked as harassment. But you only need to send a single tweet or Facebook status update to be sent to jail. Take the following examples: • A male student in Wales was arrested and jailed for a total of 56 days after posting racially offensive comments on Twitter. • An 18 year old female became the first person ever to be jailed doe bullying on Facebook in August 2009. The offender posted death threats to a classmate and was sentenced to a total of 91 days in a young offenders institute following her actions. • A 33 year old man was jailed for 1 year and 243 days after harassing his ex-wife on Facebook. He pretended to be a woman and set up fake accounts in an attempt to become her ‘friend’ on Facebook. He then used these profiled to post photos intended to insult his ex’s boyfriend. The posts did not involve violence, or threats of violence, but the harassment was enough to see the offender sent to jail. Sentences for activity social media vary from 6 months to ten years for the most severe cases, so next time you decide to vent your emotions on your chosen social media account, we recommend that you stop and think about the potential implications of what you’re about to say.

1. SOCIAL MEDIA
and the law
These days social media forms part of our
everyday lives and using it to relay our emotions,
particularly when intoxicated,
could result in very serious consequences.
Sophie Murray
Senior Associate &
in-house Barrister
Posting messages or tweets which are
offensive, rude, or designed to provoke a
reaction can lead to sentences varying from
6 months in prison for cases that go
through to the magistrates court, to 10
years in prison for serious cases where
there have been threats to kill.
You only need to send 2 offensive
messages for it to be considered
harassment..
The date the first ever person was jailed
for posting death threats on Facebook.
The 18 year old female was sentenced to
91 days in a young offenders institution.
20
August 2009
Sophie Murray
Senior Associate &
in-house Barrister
A student was jailed for 56 days after
posting racially offensive comments on
Twitter
A 19 year old male was jailed for 84 days
after posting explicit comments and jokes on
a missing child’s Facebook page.
?
A 27 year old male was arrested after
tweeting a “joke” airport bomb threat,
frustrated by delays
Two males in their 20’s were jailed for 4
years after creating a Facebook event
encouraging a riot
A juror was jailed for 60 days after posting a
Facebook status that found him guilty of
contempt of court.
A 33 year old man was jailed for 1 year and
243 days after harassing his ex-wife on
Facebook
The Law
1
127 Improper use of public electronic communications network
A person is guilty of an offence if he-
a
Sends by means of a public electronic
communications network a message
or other matter that is grossly offensive
or of an indecent, obscene or menacing
character; or
b
causes any such message or matter to be
so sent.
2
A person is guilty of an offence if, for the purpose
of causing annoyance, inconvenience or needless
anxiety to another, he—
a
sends by means of a public electronic
communications network, a message that
he knows to be false,
3
A person guilty of an offence under this section
shall be liable, on summary conviction, to
imprisonment for a term not exceeding six
months or to a fine not exceeding level 5 on the
standard scale, or to both.
c
persistently makes use of a public electronic
communications network.
b causes such a message to be sent; or
My advice would be to stop for a while before
you post something and think seriously about
the implications of what you plan to say
Sophie Murray
Senior Associate &
in-house Barrister
Sources: The Guardian | BBC News | Metro | The Crown Prosecution Service