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| Version 4 | Version 5 |
|---|---|
| CPS to prosecute 'trolls' who use fake online profiles | CPS to prosecute 'trolls' who use fake online profiles |
| (about 9 hours later) | |
| Lawyers will be advised to prosecute "trolls" who use fake online profiles to harass others, under guidelines being proposed in England and Wales. | Lawyers will be advised to prosecute "trolls" who use fake online profiles to harass others, under guidelines being proposed in England and Wales. |
| The Crown Prosecution Service says adults should be charged if, for example, they make a profile in the name of a victim with fake information which could damage their reputation. | The Crown Prosecution Service says adults should be charged if, for example, they make a profile in the name of a victim with fake information which could damage their reputation. |
| The guidelines also include advice on new crimes such as revenge pornography. | The guidelines also include advice on new crimes such as revenge pornography. |
| The CPS guidelines advise prosecutors on how to interpret existing laws. | The CPS guidelines advise prosecutors on how to interpret existing laws. |
| A six-week consultation on the proposed changes has now started. | A six-week consultation on the proposed changes has now started. |
| 'Deeply upsetting' | 'Deeply upsetting' |
| "It is vital that prosecutors consider the bigger picture when looking at evidence and examine both the online and offline behaviour pattern of the defendant," said director of public prosecutions Alison Saunders. | "It is vital that prosecutors consider the bigger picture when looking at evidence and examine both the online and offline behaviour pattern of the defendant," said director of public prosecutions Alison Saunders. |
| "Online abuse is cowardly and can be deeply upsetting to the victim." | "Online abuse is cowardly and can be deeply upsetting to the victim." |
| Fake accounts and websites can be used by those posing as their victims to post embarrassing messages or pictures. | Fake accounts and websites can be used by those posing as their victims to post embarrassing messages or pictures. |
| This "may amount to an offence, such as grossly offensive communication or harassment", the CPS said. | This "may amount to an offence, such as grossly offensive communication or harassment", the CPS said. |
| Imposters have set up false accounts to discredit former partners, and attract new ones - a practice known as Catfishing. | Imposters have set up false accounts to discredit former partners, and attract new ones - a practice known as Catfishing. |
| Fraudsters have also set up fake LinkedIn profiles, in an attempt to harvest the personal details of legitimate users. | Fraudsters have also set up fake LinkedIn profiles, in an attempt to harvest the personal details of legitimate users. |
| Facebook estimated in 2012 that it had tens of millions of illegitimate accounts. | Facebook estimated in 2012 that it had tens of millions of illegitimate accounts. |
| 'Unpopular opinions' | 'Unpopular opinions' |
| The CPS is advising its prosecutors to be prepared to charge under existing laws if a case falls into one of three categories: | The CPS is advising its prosecutors to be prepared to charge under existing laws if a case falls into one of three categories: |
| However, the guidance also sets out less serious situations where prosecutions should be considered under a fourth category: where a false identity is used to post upsetting messages, including false information that could cause anxiety. | However, the guidance also sets out less serious situations where prosecutions should be considered under a fourth category: where a false identity is used to post upsetting messages, including false information that could cause anxiety. |
| Ms Saunders said there must be a balance between prosecuting people for malicious communications and protecting free speech - and only "grossly offensive" material could lead to prosecution. | Ms Saunders said there must be a balance between prosecuting people for malicious communications and protecting free speech - and only "grossly offensive" material could lead to prosecution. |
| The CPS has said children should rarely be prosecuted, because of their lack of adult judgement. | The CPS has said children should rarely be prosecuted, because of their lack of adult judgement. |
| Prosecutions for online activity could be brought under a number of laws, including the Criminal Justice and Courts Act 2015, which created a new offence of revenge pornography to prosecute people who post sexual images of others online without permission. | Prosecutions for online activity could be brought under a number of laws, including the Criminal Justice and Courts Act 2015, which created a new offence of revenge pornography to prosecute people who post sexual images of others online without permission. |