Harmful Comments on Social Media

Social media has become a breeding ground for malicious, abusive, and offensive communications. These comments when posted online can contribute to or cause, inter alia, depression, anxiety, and isolation. However, where communications have caused harm to others, the restrictive guidelines issued by the Crown Prosecution Service can make it difficult to engage the law and prosecute the communicator. The justifications for the high threshold set are largely associated with protecting the right to freedom of expression. This article critically analyses these guidelines, arguing that too much protection is afforded to freedom of expression at the cost of many harmful comments going unchallenged. It is argued that harmful speech posted online should not warrant the same protections as other forms of speech such as political and intellectual speech. Although not all online comments result in harm, and while there are non-legal means to deal with unpleasant comments, it should be easier for those genuinely harmed to take legal action if necessary.