Understanding Social Media Offences
The number of offences committed via social media platforms such as malicious communications, cyberflashing and numerous others have increased, and media outlets are regularly highlighting high-profile incidents involving individuals who have published or shared harmful content.
As the use of platforms such as Snapchat, WhatsApp, TikTok, Facebook, X and Instagram continues to grow, it seems inevitable that the number of related criminal offences, often referred to as ‘social media offences,’ will also increase.
A wide range of legislation applies to social media offences, much of which overlaps, setting out the many ways in which offences can be committed. Helen Holder of KANGS comments upon the principal legislation under which the prosecuting authorities may pursue an alleged social media offence.
Social Media Offences Created by Statute
The Online Safety Act 2023
The Online Safety Act 2023 came into force in January 2024 and is designed to protect both children and adults online. It introduces a range of new duties on social media companies and search services to help keep users safe on their platforms.
It introduced a variety of offences including:
- Section 179 – False communications offence
A person commits the offence if they send a message conveying information that they know to be false, and at the time of sending it they intend the message to cause non-trivial psychological or physical harm to a likely audience (i.e. someone who could reasonably be foreseen to encounter the message or its content) and they have no reasonable excuse for sending the message.
- Section 181 - Threatening communications offence
A person commits the offence if they send a message conveying a threat of death or serious harm and at the time of sending it, the person intended an individual encountering the message to fear that the threat would be carried out or was reckless as to whether an individual encountering the threat would fear that the threat would be carried out.
- Section 183 - Offences of sending or showing flashing images electronically
A person commits an offence if they send an electronic communication which consists of or includes flashing images where it is reasonably foreseeable that an individual with epilepsy would be among the individuals who would view the content, and they intended that individual to suffer harm as the result of viewing it.
- Section 184 - Offence of encouraging or assisting serious self-harm
A person commits an offence if they commit an act capable of encouraging or intended to encourage or assist the serious self-harm of another person whether or not serious self-harm occurs.
- Section 187 - Sending etc photograph or film of genitals
This extends Section 66A of the Sexual Offences Act 2003 whereby a person who intentionally sends or gives a photograph or film of any person’s genitals to another person commits an offence.
- Section188 - Sharing or threatening to share intimate photograph or film
This extends Section 66B of the Sexual Offences Act 2003 whereby a person who intentionally shares a photograph or film which shows or appears to show another person in an intimate state, without consent and with intent to cause harm, commits an offence.
Protection from Harassment Act 1997
Harassment
Section 1 states that a person must not pursue a course of conduct:
- which amounts to harassment of another and
- which he knows or ought to know amounts to harassment.
Section 1A states that a person must not pursue a course of conduct:
- which involves harassment of two or more persons and
- which he knows or ought to know involves harassment and
- by which he intends to persuade any person either not to do something that he is entitled or required to do or to do something that he is not under any obligation to do.
In the context of social media use, this could encompass trolling, cyberstalking or virtual mobbing. It may include repeatedly sending messages after being asked to stop or creating new accounts after being blocked.
The Obscene Publications Act 1959
Publishing obscene material or extreme pornography
Section 2 of the Obscene Publications Act 1959 provides that it is an offence for any person, whether for gain or not, to publish an obscene article.
An article is deemed to be obscene if its effect is likely to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
An ‘article’ is one containing or embodying matter to be read or looked at or both, any sound record, and any film or other record of a picture or pictures.
Although the legislation became operative long before ‘online content’ became an issue, its scope has since been developed to encompass such content as that which promotes illegal drug use or violence, by, for example, encouraging or coordinating others within a group chat for the purposes of a riot.
The Criminal Justice and Immigration Act 2008 and The Crime and Policing Act 2026
Possession of extreme pornographic images
The Criminal Justice and Immigration Act 2008 provides that it is an offence for a person to be in possession of an extreme pornographic image being of a nature produced solely or principally for the purpose of sexual arousal.
Image means:
- a moving or still image which is produced by any means or
- data, stored by any means, which is capable of conversion into an image.
The Act substantially increases the maximum penalty for publication etc. of obscene articles imposed by the Obscene Publications Act 1959, above.
The Crime and Policing Act 2026
This Act broadens the scope of this offence to include publication or possession of content depicting:
Section 104 Possession or publication of pornographic images
Section 106 Pornographic images of sex between relatives
Section 107 Pornographic images of sexual activity with child under 16
Section 108 imposes an obligation on The Secretary of State to conduct a review of the role of providers of internet services in:
- verifying the age of individuals appearing in pornographic content published or displayed on their services,
- verifying whether individuals appearing in pornographic content published or displayed on their services consent to the content being published or displayed.
and to lay before Parliament, and publish, a report of the review.
The Public Order Act 1986
Harassment, alarm or distress.
Section 5 states that a person is guilty of an offence if he:
- uses threatening or abusive words or behaviour, or disorderly behaviour or
- displays any writing, sign or other visible representation which is threatening or abusive,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
The offence may involve producing videos, posts or other online content. It is arguably one of the more controversial offences, with critics arguing that it infringes freedom of speech and can amount to prosecution simply for causing offence.
In the well-publicised case of Lucy Connolly, she pleaded guilty to breaching section 19 of the Public Order Act 1986 which is an extension of section 5. She had published posts on X and was charged with stirring up religious hatred.
Section 19 states that a person who publishes written material which is threatening or insulting is guilty of an offence if:
- that person intends to stir up racial hatred or
- having regard to all the circumstances, racial hatred is likely to be stirred up thereby.
The Criminal Justice and Courts Act 2015
Revenge porn or image-based abuse
Section 33 of the Act makes it an offence to disclose, or threaten to disclose, private sexual photographs and films without the consent of the individual depicted and with the intent to cause distress.
This offence has been expanded by the Crime and Policing Act 2026, above.
Theft Act 1968
Sextortion
Commonly seen on dating apps and websites, sextortion involves threatening to disclose sexual images or videos unless something is provided in return, such as payment. It is commonly prosecuted as blackmail.
Section 21 states that a person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces.
Potential Penalties upon Conviction
The range of penalties which may be imposed upon criminal conviction is extremely wide depending upon the severity, or otherwise, of the offence and the nature and extent of any damage caused.
Some offences are punishable by as much as ten years’ imprisonment plus an unlimited fine.
Additionally, some of these offences may result in civil liability to the aggrieved party where damages are recoverable such as, for example, an action in defamation where a person has knowingly published false information, or revenge porn or image-based abuse.
The level of damages will be assessed by the court dependent upon the particular circumstances of the case and may be very substantial. For example, in the 2023 case of FGX v Gaunt, the complainant was awarded damages amounting to £97,000.
How Can We Assist You?
As outlined above, the range of offences which may be committed is extremely wide and there are numerous technicalities which may attach to such offences.
Should you be faced with any form of allegation of criminal conduct of any nature, including malicious communications, cyberflashing, threatening communications or possessing and sharing indecent images, it is essential that you seek immediate experienced legal advice and guidance.
The team at KANGS has extensive experience advising and representing clients facing criminal allegations of social media offences of every nature and is available to assist you throughout all stages from initial police investigations to representation at court.
Additionally, our expert civil team regularly defends clients facing civil claims arising from alleged social media offences.
If you need assistance, do not hesitate to contact a member of our team using the contact details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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