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<p /> <p>The Government is absolutely clear that abusive or threatening behaviour,
or harassment, online or offline, is totally unacceptable. A number of offences may
be committed by such behaviour, in particular under section 1 of the Malicious Communications
Act 1988 or section 127 of the Communications Act 2003. Changes to the law being taken
forward in the Criminal Justice and Courts Bill will help to ensure that people who
commit those offences are prosecuted and properly punished. Online harassment could
also amount to an offence under the Protection from Harassment Act 1997 if it is carried
out as part of a ‘course of conduct’ which amounts to harassment or puts someone in
fear of violence. Where any crime is motivated by or demonstrates hatred based on
certain characteristics (such as sexual orientation) of the victim, the courts must
take this into account in passing sentence.</p><p> </p><p>The Government expects social
media companies to have robust processes in place to respond promptly when abuse is
reported; including acting quickly to assess the report, removing content which does
not comply with the acceptable use policies or terms and conditions in place and,
where appropriate, suspending or terminating the accounts of those breaching the rules
in place.</p><p> </p><p>Where a convicted offender receives a community order or a
suspended sentence order the court may impose requirements, including a prohibited
activity requirement, which could be used to restrict use of the internet or social
media.</p><p> </p><p>Where a convicted offender receives an immediate custodial sentence
and is released on licence a condition could be imposed to limit the offender’s access
and use of the internet. Licence conditions are set by the prison governor or Parole
Board.</p><p> </p><p>We have no plans for further legislation to inhibit convicted
offenders from accessing social media.</p>
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