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Social Media: Crime

Asked by Rupert LoweRestore BritainMinistry of JusticeTabled Answered 29 January 2025UIN 25440

The question

To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of a review of sentences for people serving a custodial sentence for posting offensive remarks on social media.

Answered by Sir Nicholas Dakin

Sentencing in individual cases is a matter for our independent courts. There are a range of communication related offences, both summary-only and triable either way, across different pieces of legislation with varying maximum penalties. For example, section 127 of the Communications Act 2003 which criminalises the sending of a communication that is either grossly offensive, or of an indecent, obscene or menacing character. This offence carries a maximum 6 months’ imprisonment and/or unlimited fine.

The Government has launched an Independent Review of Sentencing chaired by former Lord Chancellor, David Gauke. The Review will examine options following three core principles: sentences must punish offenders and protect the public; sentences should encourage prisoners to turn their backs on a life of crime and we must expand and make greater use of punishment outside of prison.

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