Key legislation for online abuse
Across the UK, criminal and civil legislation aims to prevent a range of abusive activities online including:
- improper use of a public communications network
- sending indecent, offensive, false or threatening communications
- sending private sexual photos or videos of another person without their consent.
Throughout the UK, the Communications Act 2003 makes it an offence to make improper use of a public communications network. Section 127 specifically makes it an offence to send an electronic message that is grossly offensive or of an indecent, obscene or menacing character.
In England and Wales, the Malicious Communications Act 1988 makes it an offence to send a communication with the intention of causing distress or anxiety.
In Northern Ireland, the Malicious Communications (Northern Ireland) Order 1988 sets out this offence.
In Scotland, breach of the peace common law may be used to prosecute any behaviour that causes fear or distress, including harassment (Scottish Government, 2013).
> Find out more about the legislation to prevent bullying and cyberbullying
Online sexual abuse
Across the UK, the legislation setting out sexual offences also applies to online child sexual abuse, including:
- sexual communication with a child
- causing or inciting a child to engage in sexual activity
- causing a child to watch a sexual act
- paying for sexual services of a child
- causing or inciting sexual exploitation of a child
- engaging in sexual activity in the presence of a child.
Trafficking and modern slavery legislation across the UK makes it an offence to traffic and/or enslave children for sexual exploitation and makes provisions for sentencing offenders. These can also apply to trafficking children for online sexual exploitation.
> Find out more about the legislation for child sexual abuse
> Find out more about the legislation for child sexual exploitation
> Find more information about the legislation for child trafficking
Young people may exchange sexual messages and self-generated sexual images or videos through a mobile phone network or the internet (sexting).
> Find out more about the legislation for sexting
It can be difficult for the police and legal professionals to make legislation apply to online grooming.
For example if can be difficult to prove that grooming messages are intended to cause distress or anxiety because perpetrators usually send messages that aim to build trust and rapport with a child.
Throughout the UK, criminal and sexual offence legislation makes grooming and meeting a child following sexual grooming offences.
> Find out more about the legislation to prevent child sexual abuse
Legal responsibilities for website hosts and social media platforms
In England and Wales, the Defamation Act 2013 makes the website host responsible for removing defamatory material posted to a site.
Section 103 of the Digital Economy Act 2017 requires social media platforms across the UK to follow a code of practice which sets out the actions they must take to protect individuals from bullying, intimidation and insulating behaviour online.
In April 2019 the Department for Digital, Culture, Media and Sport (DCMS) and the Home Office opened a public consultation on their Online Harms White Paper. This sets out the measures the government intends to take to keep UK users safe online, including a new regulatory framework for online platforms (DCMS, 2019).
The Information Commissioner's Office's (ICO) Age appropriate design: code of practice for online services sets out 15 standards that providers of online products or services likely to be accessed by children should comply with. The code explains how providers can design services that appropriately safeguard children's personal data and comply with data protection and privacy laws. The code is expected to come into force by autumn 2021, following Parliamentary approval (Information Commissioner's Office, 2020).
Across the UK, statutory guidance highlights the responsibility of those in the education, community and care sectors to safeguard children from all forms of abuse and neglect including online abuse:
There is also more specific guidance for people who work with children about safeguarding children from online abuse.
Keeping children safe from online abuse
The UK Council for Internet Safety (UKCIS) has produced a framework (PDF) for people who work with children across the UK that highlights the digital skills and knowledge children need to stay safe online. It includes discussion around:
- online relationships
- online reputation
- online bullying (UKCIS, 2018).
UKCIS also provides guidance about online safeguarding in early years settings for managers and practitioners (UKCIS, 2019).
In England, the Department for Education (DfE) has published non-statutory guidance on teaching online safety in school (PDF). (DfE, 2019)
The Home Office has developed an Online abuse and bullying prevention guide (PDF) for those who work with young people in England and Wales. This aims to help them understand the types of online abuse, its consequences and where to go for help. Topics covered include:
- threatening behaviour
- online grooming (Home Office, 2015).
The Department of Education Northern Ireland provides Internet and WiFi guidance which includes a range of advice on how internet technology can be used safely in schools. Topics covered include:
- online safety
- mobile and digital devices
- guidance on using the internet safely (Department of Education, 2018).
Education Scotland's Parentzone provides resources for parents and carers on understanding risks to children's safety online and may be useful for professionals who work with children (Education Scotland, 2018).
Our Keeping children safe online elearning course helps people who work with children across the UK understand what they need to do to safeguard children online.
> Find out about our online training course Keeping children safe online
The government’s Online Harms white paper sets out the measures the government intends to take to keep UK users safe online, including:
- establishing a new statutory duty of care and regulatory framework to ensure online platforms take responsibility for the safety of their users
- a new independent regulator to implement, oversee and enforce the regulatory framework and raise awareness about online safety
In Scotland, the National action plan on internet safety for children and young people (PDF) highlights the government’s commitment to:
- give everybody the skills, knowledge and understanding to help children and young people stay safe online
- inspire safe and responsible use and behaviour
- create a safer online environment (Scottish Government, 2017).
In Wales, the Online safety action plan for children and young people in Wales (PDF) is designed for all professionals working with children and highlights the government's commitments around:
- providing advice and support
- working with UK wide partners
- promoting online safety
- keeping guidance up to date, to reflect changes in technology
- supporting research into children's internet use
- providing relevant training to practitioners (Welsh Government, 2018).
Keep up to date with new legislation and guidance by signing up to CASPAR, our current awareness service for policy, practice and research.