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Social media definition

What does Social media mean? In legal practice, social media describes internet-based services that allow users to create, publish, share and interact with content and with each other, often in real time and at scale (for example, social networks, microblogs, forums, blogs, messaging services with group/public features, and video-sharing platforms), as opposed to one-way broadcast media. The term is descriptive rather than a defined statutory term. Regulation is framed through related concepts, including in the UK the Online Safety Act 2023 (covering user-to-user and search services) and the video-sharing platform regime under the Communications Act 2003 (as amended), and in Ireland the Online Safety and Media...

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Social Media: UK Criminal Offences, Civil Remedies and Platform Liability—OSA 2023, CPS Guidance, Defamation, Privacy, Data Protection, IP, DMCCA 2024, CAP Code, and EU DSA Considerations

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Practice notes
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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 to the UK position. For guidance on whether judgments of the Court of Justice bind UK courts, see Practice Note: Assimilated law. The OSA 2023 and the EU...

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Oliver Schneider-Sikorsky
Oliver Schneider-Sikorsky

Year Qualified:Sep 2012 – Admitted as a solicitor in England and WalesFeb 2013 – Higher Rights of Audience Jul 2014 – Called to the BarOliver is qualified as both a solicitor and barrister. His practice encompasses business crime, regulatory investigations, and general criminal litigation. He routinely represents HNW individuals, business moguls, entertainers, and sportspersons accused of crimes and misconduct.  Oliver has over a decade of experience as a commercial litigator, prosecutor, and criminal defence lawyer. He specialises in advising high profile individuals and liaising with family office advisors on sensitive issues that require an appreciation of both commercial and criminal issues. His expertise extends to reputational advice and crisis management.  Oliver has been the lead senior associate on some of BCL Solicitors LLP’s largest matters. These include multi-jurisdictional criminal, civil, and regulatory investigations. He regularly project manages large teams of counsel, foreign...

Persephone Bridgman Baker
Persephone Bridgman Baker

Persephone is a media and reputation management specialist. Her work encompasses defamation and privacy in pre-publication and post-publication disputes against major newspapers and other publishers. Her practice also deals with blackmail, harassment, data protection and intellectual property.   Persephone has a particular interest in social media issues including online harms and privacy surrounding the key platforms. She appeared in The Times providing her legal insight into online abuse. Persephone is a Senior Associate at Carter-Ruck, who have acted in many of the recent leading cases in these fields including the landmark cases of PJS v. News Group Newspapers [2016], (1) NT1 and (2) NT2 v. Google LLC [2018] and Richard Burgon MP v. News Group Newspapers [2019]. Persephone’s experience also includes numerous unreported confidential cases as well as breach of confidence and trade secrets disputes including cases involving corporate...

Web page updated on 29/05/2026

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