Modernising Communications Offences: A final report
The Law Commission has published recommendations to address the harms arising from online abuse.
Applies to England and Wales
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The Law Commission has published recommendations to address the harms arising from online abuse. The recommendations include a coherent set of communications offences to more effectively target harmful communications while increasing protection for freedom of expression.
The recommendations, which have been laid in Parliament, would reform the “communications offences” found in section 1 of the Malicious Communications Act 1988 (“MCA 1988”) and section 127 of the Communications Act 2003 (“CA 2003”). These offences do not provide consistent protection from harm and in some instances disproportionately interfere with freedom of expression.
The reforms would address the harms arising from online abuse by modernising the existing communications offences, ensuring that the law is clearer and that it effectively targets serious harm and criminality. The recommendations aim to do this in a proportionate way in order to protect freedom of expression. They also seek to “future-proof” the law in this area as much as possible by not confining the offences to any particular mode or type of communication.
Further details are available on the Law Commission website.