The Guardian
New guidelines for prosecutors are response to increasing use of false social media accounts to post humiliating images online
Alison Saunders, the director of public prosecutions, said she would support a change in the law to allow victims of online abuse to be granted anonymity. Photograph: PA
Social media trolls who set up fake profiles under their victims’s names in order to harass them will face criminal charges under new guidelines from the Crown Prosecution Service.
Four-year old social media guidelines have be updated to reflect new platforms such as Snapchat and include specific revenge pornography laws aimed at prosecuting those who post explicit images of former partners.
Alison Saunders, the director of public prosecutions, said the guidelines were a response to the increasing use of false identity to post humiliating material online.
Speaking on BBC Radio 4’s Today programme, Saunders said: “The new guidelines make it very clear that when someone has used someone else’s identity and then posted [offensive] pictures then we should be prosecuting under the revenge pornography offences, which were new last year. We have seen an increase in the number of those cases going through the courts.”
In a statement on the new guidance, the CPS said: “It may be a criminal offence if a profile is created under the name of the victim with fake information uploaded which, if believed, could damage their reputation and humiliate them.
“In some cases the information could then be shared in such a way that it appears as though the victim has themselves made the statements.” Such conduct could amount to an offence such as grossly offensive communication or harassment.
Saunders insisted that the guidelines would not stifle free speech as there was a “high threshold” of offence to victims that had to be crossed before prosecutions were launched. She said: “We all use social media all the time, it a fantastic tool. What we don’t want to do is do anything that has a chilling affect on free speech. But where it is used for crime, and where it is seriously impacting on people’s lives, that’s where we do need to look at it and look at whether we have the evidence to prosecute.”
Saunders also said she would support a change in the law to allow victims of online abuse to be granted anonymity.
She said: “The revenge pornography offence is all about humiliating, embarrassing, causing distress to the victims. By going to court and not having any anonymity and any protection, it to some extent does exacerbate that. I’ve previously suggested we look at that [anonymity] for victims.
Asked whether she backed court anonymity for victims, she said: “It is not within my gift to do that, it a matter for legislation. In blackmail cases, for the same reason, we look at anonymity for victims.”
As part of the initiative Twitter has agreed to train prosecutors in England and Wales to better fight online abuse.
The CPS said the US-based social network would help it contend with criminal activity such revenge pornography.
Saunders said: “Online communication is developing at such a fast pace, new ways of targeting and abusing individuals online are constantly emerging. We are seeing more and more cases where social media is being used as a method to facilitate both existing and new offences.
“It is vital that prosecutors consider the bigger picture when looking at evidence and examine both the online and offline behaviour pattern of the defendant. Online abuse is cowardly and can be deeply upsetting to the victim.
“Worryingly we have seen an increase in the use of cyber-enabled crime in cases related to violence against women and girls, including domestic abuse.”
