Boundaries on social media must be defined says CPS

The Crown Prosecution Service (CPS) is to issue new guidelines on social media cases for prosecutors following a rise in the number of offensive messages sent via social networking platforms.

Keir Starmer, the Director of Public Prosecutions, said the guidance will be issued to ensure that CPS decision-making in these “difficult cases” is clear and consistent.

It comes following a rise in the number of offensive tweets. Football referee Mark Halsey made a complaint to Greater Manchester Police about insulting tweets directed at him following last weekend’s match between Manchester United and Liverpool.

Olympic diver Tom Daley was also subjected to abuse earlier this year. Last week, Daniel Thomas, a semi-professional footballer, was told that no charges would be brought for his use of Twitter. The 28-year-old was arrested and released on bail after a homophobic message referring to Mr Daley and fellow Olympic diver Peter Waterfield was posted on Twitter.

Mr Starmer said: “The guidance will assist prosecutors and help them decide whether criminal charges should be brought in the cases that arise for their consideration.”

The CPS is now expected to draft interim guidelines followed by a wide public consultation before final guidelines are published.

Under current laws, the Communications Act 2003 makes it an offence to send a communication using a public electronic communications network if that communication is ‘grossly offensive’.

Chief Constable Andy Trotter, Association of Chief Police Officer (ACPO) lead for communications, added: “Many offensive comments are made every day on social media and guidance will assist the police to focus on the most serious matters. There is not only the matter of principle to be addressed but also the practicality of dealing with thousands of potential offences.”