Malicious Communications Act 1988 meaning

R v Casserly [2024] EWCA Crim 25 What are the practical implications of this case? Prosecutors should advance prosecutions under MCA 1988, s 1 only where any restriction on freedom of expression is both necessary and proportionate. There must be sufficient proof that the communication, assessed in its particular context, is more than merely offensive, shocking or disturbing and goes beyond the pale of what is tolerable in society. If those standards are not satisfied, a case should not be taken forward. Where the decision to prosecute is lawful, juries should be directed that the law safeguards freedom of speech because it is an essential aspect of living in a free and democratic society...

The opening part of this Practice Note identifies criminal offences linked to content posted on social media platforms, such as: trolling cyberbullying virtual mobbing cyberstalking flaming creating fake social media accounts It further covers communications offences, CPS Guidance, substantive offences that may involve social media, and certain offences under the Online Safety Act 2023 (OSA 2023). The second part addresses civil causes of action that might arise, including: defamation misuse of private information civil harassment data protection infringement of intellectual property (IP) rights consumer protection and advertising regulations disinformation practical ways to bring an action the ‘right to be forgotten’ and to ‘erasure’ Brexit This Practice Note concentrates on UK social media offences and claims, while indicating where the European position is relevant for UK-based practitioners and noting key areas of divergence. It also refers to EU judgments to the extent they relate...