Cyberbullying is not itself a specific crime in the UK; but the behaviours involved in cyberbullying are covered under a number of different Acts. The current law specifies that “the general legal principle is that what is illegal offline is illegal online”.
The legislation below provides protection under the law for some online misuse. Some misuse can be criminal and some will oblige your workplace or university to provide protection from harassment and discrimination even if it does not amount to criminal behaviour.
Protection from Harassment Act 1997 – This covers repeated bullying amounting to harassment, which includes harassment via electronic devices. This is a civil and criminal offence. The perpetrator could receive up to six months in prison, a fine or both. Section 4 of this Act provides harsher penalties for anyone found guilty of causing, on at least two occasions, someone to fear that violence will be used against them.
Malicious Communications Act 1988 – Under this Act it is an offence to send “indecent or grossly offensive” content that causes “distress or anxiety to the recipient”. In addition, the Act also extends to sending threats or information which is known to be false by the sender. If found guilty, the perpetrator could receive a prison sentence, a fine or both.
Obscene Publications Act 1959 – It is an offence to publish offensive material which could in turn “deprave or corrupt” anyone reading it. Publishing under this Act also includes the transmission of data.
Communications Act 2003 (section 127) – It is a criminal offence to send by means of a public electronic communications network any content which is deemed “grossly offensive or of an indecent, obscene or menacing character”. If found guilty, that person could receive a prison sentence, a fine or both.[.]
Computer Misuse Act 1990 – This could include anyone found guilty of hacking someone’s online accounts or personal computer.
Defamation Act 2013 – this makes the website host responsible for removing defamatory material posted on to a site. The claimant must have raised the issue first with the site provider and can make a claim of defamation if the operator fails to respond and the perpetrator is anonymous.
Criminal Justice and Courts Act 2015 (section 33) – it is a crime to disclose (either online or offline) private sexual photographs or film without the subject’s consent and with the intention to distress them. This includes so called “revenge porn”.
Equality Act 2010 – This Act provides legal protection against all forms of discrimination, harassment and victimisation, whether direct or indirect and even if the behaviour is not criminal. Types of discrimination or ‘protected characteristics’ include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
