RESPONSE TEMPLATE FOR CONSULTATION ON PROSECUTING SOCIAL MEDIA CASES

Name:
Organisation (if applicable): Action on Digital Addiction and Cyberstalking
Address: Ty Morgannwg, PO Box 674, Swansea, SA1 9NN
Telephone: 01792 345105
E-mail: info@adacs.org.uk / jonathan.bishop@trollingacademy.org

1. Does the expanded section on Category 2 offences - Communications targeting specific

individuals - cover all the main offences of this type? If not, what other offences might be
covered?

The categories are arbitrary and should instead be based on the severity of the offence. We
have proposed the trolling magnitude scale with 1 being the least severe trolling and 4 being
the most severe trolling.
Jonathan Bishop (2013). The effect of deindividuation of the Internet Troller on Criminal
Procedure implementation: An interview with a Hater. International Journal of Cyber
Criminology 7(1), pp. 28-48. Available online at: http://resources.crocels.com/wpcontent/uploads/sites/4/the-effect-of-de-inviduation-of-the-internet-troller-oncriminal-procedure-implementation.pdf

TM2 Tactical
Cyber-trickery
(Cyber-trolling)

TM1 Playtime
Cyber-bantering
(Cyber-trolling)

Type

Potential Gravity

Severity

In the moment and

quickly regret
(finem facere)

Minor
(TM 1.00-1.49)

Fixed penalty notice of 75 under the

Anti-Social Behaviour, Crime and
Policing Act 2014, and/or recording of a
hate incident where appropriate.

Major
(TM 1.50-1.99)

Fixed Penalty Notice of 150 under the

Anti-Social Behaviour, Crime and
Policing Act 2014, and/or recording of a
hate incident where appropriate.

Minor
(2.00-2.49)

Common law detention for breach of the

peace as permitted by s.40(1) of the
Public Order Act 1986 to prevent an
offence, and/or reporting of a hate
incident where appropriate.

Major
(TM2.50-2.99)

Criminal behaviour order under the AntiSocial Behaviour, Crime and Policing Act
2014 to prevent further offences, and/or
reporting of a hate incident where
appropriate.

Grossly Offensive,
Indecent, Obscene or
Menacing

In the moment but dont

regret and continue
(animus restituendi)
Harassment, Alarm or
Distress

CPS Appropriate legal provision

score

TM3 Strategic
Cyber-bullying
(Cyber-stalking)
TM4 Domination
Cyber-hickery
(Cyber-stalking)

Go out of way to cause

problems, but without a
sustained and planned
long-term campaign.
(ad vita aut ademptio).

Minor
(TM3.0-3.49)

Harassment, Alarm or
Distress

Police information notice relating to

perceived breach of Protection from
Harassment Act 1997, caution under this
or other relevant legislation, and/or
reporting of a hate crime where
appropriate.

Major
(TM3.50-3.99)

Custodial sentence under s.127 of the

Communications Act 2003 or s.1 of the
Malicious Communications Act 1988, of
26 to 52 days or up-to 18 weeks, and/or
reporting of a hate crime where
appropriate.

Goes out of the way to

create rich media to
target one or more
specific individuals
(ad vita aut ademptio)

Minor
(TM4.0-4.49)

Restraining order under s.5 or s.5A of

the Protection from Harassment Act
1997 or related court orders, such as
under The Family Law Act 1996, and/or
reporting of a hate crime where
appropriate.

Grossly Offensive,
Indecent, Obscene or
Menacing

Major
(TM4.50-4.99)

Custodial sentence under s.127 of the

Communications Act 2003 or s.1 of the
Malicious Communications Act 1988, for
up to 2 years. Related custodial
sentences for breaching a court order,
and/or reporting of a hate crime where
appropriate.

2. Does the new section on VAWG cover the key issues in social media VAWG offences? If
not, what other issues might be included?

It is totally inappropriate to have a section on Violence Against Women and Girls without
having a section on Violence Against Men and Boys section. Men are at particular risk from
online crime for the main reason that they feel unable to report them and that when they do
the police do not take them seriously. For instance, consider our research on how there are sex
biases in the recording of Internet abuse by South Wales Police:
Jonathan Bishop (2015). The Thin-Blue Web: Police Crime Records of Internet Trolling
Show Chivalrous Attitudes That Can Be Resolved through Transfer of Powers. In P.
Thomas, M. Srihari, & S. Kaur (Eds.) Handbook of Research on Cultural and Economic
Impacts of the Information Society (pp. 67-91), IGI Global, Hershey, PA. Available online
at: http://resources.crocels.com/wp-content/uploads/sites/4/the-thin-blue-webpolice-crime-records-of-internet-trolling-show-chivalrous-attitudes-that-can-beresolved-through-transfer-of-powers.pdf
Data we have acquired from South Wales Police, but have not yet reported, shows that men are
more likely to be prosecuted for Internet trolling offences than women:
https://www.whatdotheyknow.com/request/benevolent_sexism_in_south_wales#com
ment-66678

Research we have published shows that it is not young men that are not in education,
employment or training that perpetuate Internet trolling as the statistics would suggest, but
those from wealthier backgrounds:
Jonathan Bishop (2014). Digital Teens and the Antisocial Network: Prevalence of
Troublesome Online Youth Groups and Internet trolling in Great Britain. International
Journal of E-Politics 5(3), pp.1-15. Available online at: http://resources.crocels.com/wpcontent/uploads/sites/4/digital-teens-and-the-antisocial-network.pdf
Research we have published shows that it is women that do the most defriending as the
consequence of other womens behaviour. Women-on-women trolling is not taken seriously by
police who see it as bitching, and that such women should grow up but the same police
think men shouldnt treat women that way:
Jonathan Bishop (2014). The Psychology of Trolling and Lurking: The Role of Defriending
and Gamification for Increasing Participation in Online Communities Using Seductive
Narratives. In: J. Bishop (Ed.) Gamification for Human Factors Integration: Social,
Education, and Psychological Issues. IGI Global: Hershey, PA. Available online at:
http://resources.crocels.com/wp-content/uploads/sites/4/the-psychology-of-trollingand-lurking-defriending-gamification.pdf
It is therefore essential that the police are not further encouraged to treat women more
favourably than men through a specific section on Violence Against Women and Girls without a
section on Violence Against Men and Boys.

3. Does the new section on Hate Crime cover the key issues in social media Hate Crime
offences? If not, what other issues might be included?

The hate crime section does not take account that some forces go beyond the statutory forms
of hate crime to include others.
Police need to be told that where someone reports an incident of hate online that even if there
is no corresponding offence that it should still be reported as a hate incident and dealt with by
the hate crime office in order to avoid the person feeling victimised and thus distrusting the
system.
At all opportunities the police should be using the hate incident reporting system to record
incidents that do not meet the requirements of an offence if the person complaining was
targeted for a relevant protected characteristic. This would be particularly important where it
would not be in the public interest to bring proceedings, but the victim needs to feel heard,
such as if they were a victim of racism, disablism, or faithism.

4. Does the new section on Ancillary Orders cover the main principles to consider when
imposing conditions and prohibitions relating to internet use and access? If not, what
other principles might be covered?

As can be seen from our trolling magnitude scale above, we have long called for the use of
ancillary orders for situations where a prosecution is not warranted, most notably this research
paper that was published prior to the original guidance:
Jonathan Bishop (2012). Tackling Internet abuse in Great Britain: Towards a framework
for classifying severities of 'flame trolling'. The 11th International Conference on
Security and Management (SAM'12), 16-19 July 2012, USA. Available online at:
http://resources.crocels.com/wp-content/uploads/sites/4/tackling-internet-abuse-ingreat-britain-towards-a-framework-for-classifying-severities-of-flame-trolling.pdf

5. Do you have any other comments on the guidance you would like to offer?
Our research has shown that alcohol can result in offences online as much as offline and so
guidance needs to ensure alcohol consumption cannot be used to justify online offences:
Jason Barratt and Jonathan Bishop (2015). The Impacts of Alcohol on E-Dating Activity:
Increases in Flame Trolling Corresponds with Higher Alcohol Consumption. In J. Bishop
(Ed.), Psychological and Social Implications Surrounding Internet and Gaming Addiction
(pp. 186-197). IGI Global, Hershey, PA. Available online at:
http://resources.crocels.com/wp-content/uploads/sites/4/the-impacts-of-alcohol-on-edating-activity.pdf
Our research has shown that unwanted online encounters can result in young people
developing addictive and compulsive behaviours, which law enforcement officials should look
out for in generating evidence from younger victims:
Jonathan Bishop (2015). Determining the Risk of Digital Addiction to Adolescent Targets
of Internet Trolling: Implications for the UK Legal System. In J. Bishop (Ed.),
Psychological and Social Implications Surrounding Internet and Gaming Addiction (pp.
31-42). IGI Global, Hershey, PA. Available online at: http://resources.crocels.com/wpcontent/uploads/sites/4/determining-the-risk-of-digital-addiction-to-adolescenttargets-of-internet-trolling.pdf
Our research has shown that it is important for law enforcement officials to be able to
differentiate between those comments that are posted online that are not intended to be
grossly offensive, menacing or threatening and those that are:
Mark Beech and Jonathan Bishop (2015). Cyber-stalking or just plain talking?: Linguistic
properties of rape-threat messages reflect underlying compulsive behaviours. In:
Jonathan Bishop (Ed.) Psychological and Social Issues Surrounding Internet and Gaming
Addiction. IGI Global: Hershey, PA. Available online at:
http://resources.crocels.com/wp-content/uploads/sites/4/cyber-stalking-or-just-plaintalking-investigating-the-linguistic-priperities-of-rape-threat-messages-as-compulsivebehavours.pdf
Forthcoming research has looked into use of evidence collection online. For instance, e-dating
profiles can signify the intentions of customers, such as whether or not they are looking for
sexual encounters, or whether they just want to be friends with those they meet. This can be
used for the prosecution of sexual offences, such as grooming of adults who are then subject to
sexual assault. This may mean that if people meet following meeting on adultfriendfinder.com
would not be able to claim they were raped as there is an expectation of sex by those who
participate in this website.

How did you hear about this consultation?

Specialist press: Crocels News