Cyberbullying and the criminal law

There is no legal definition of cyberbullying, but UNISON says it is “any use of information and communications technology to support deliberate and hostile attempts to hurt, upset or embarrass another person”. Retail union Usdaw explains that it is “where people are abused or threatened by email and social networking sites” and says it can be “just as upsetting as face-to-face bullying and particularly humiliating if it is done publicly”. (Also see page 7).

Sending grossly offensive emails, texts or tweets is a crime:

• it is a criminal offence under section 1 of the Malicious Communications Act 1998 to send an indecent, offensive or threatening letter, electronic communication or other article to another person;

• it is a criminal offence under section 43 of the Telecommunications Act 1984 to send a text message that is indecent, grossly offensive or menacing or obscene; and

• it is a criminal offence under the Communications Act 2003 to send messages by means of a public electronic communications network (such as Twitter) that are grossly offensive or of an indecent, obscene or menacing character.

Other relevant criminal laws include the PHA 97 (see page 40), the Obscene Publications Act 1959 and the Computer Misuse Act 1990.