Can I go to jail for something I said online?
It may come as a surprise, but you can go to jail for something you’ve said online, and people have. Whether it’s on Facebook, Tiktok, Instragram, Linkedin, or any other online platform, your posts and comments can get you into trouble with the law.
You may remember the riots in summer 2024, which were sparked by the tragic deaths of three young girls in Southport. Several people ended up in prison for comments they posted in social media during that time.
Even if posts or comments have been deleted after posting, you can still be prosecuted for them. In this blog, we look at some of the crimes you could be prosecuted for by posting certain things online.
Hate crimes
Posts which are deemed to be inciting hatred on the grounds of race, religion, or sexual orientation, can be hate crimes and punishable by a prison sentence.
One high-profile case recently was Lucy Connolly, who was jailed for 31 months for something she posted on X. It was posted in the wake of the Southport attacks. The post was full of expletives and she called for hotels housing asylum seekers to be set on fire. The post has been deleted, but it was still deemed to have incited hatred. She served 40% of the sentence (12 months) before being released on licence.
A 26-year old man, posted a similar message, calling for hotels to be set alight if they were housing asylum seekers. He responded to comments on the post saying that it was “100% the plan.” He was arrested and found guilty of publishing material intending to stir up racial hatred and he was sentenced to 38 months’ imprisonment.
Threatening communications
The relatively new Online Safety Act 2023 (under section 181), has made it an offence to send messages that convey a threat of death, serious injury, rape, assault by penetration, or serious financial loss.
This is a serious offence and carries a maximum penalty of 5 years imprisonment, a fine, or both.
If you post anything of a threatening nature like this to another person online, then you could face jail time for it.
This offence could capture the situation of football fans abusing opposition players. Some fans may deem it ‘competitive banter’ but the impact on the players is severe and the law has now criminalised this behaviour.
Stalking and harassment
A person can also commit stalking and harassment online, in the same way as they can in person. If somebody repeatedly behaves in a way that makes you feel scared, distressed, or threatened, they may be committing this offence.
The way this shows up online can be quite varied and includes:
· Spamming you or sending you viruses
· Interpreting you online or stealing your identity
· Hacking into your email and social media accounts
· Monitoring your internet use
· Threatening to share private information, photographs, or copies of messages.
Posting messages online repeatedly to another person may amount to harassment or stalking.
Punishment for these offences range from a few months in custody, to up to 14 years in custody in the most serious cases.
If you’ve been the victim of an online crime
If you think that you have been the victim of a crime online, please get in touch with the police. Too many people suffer in silence for these crimes, out of fear or embarrassment. But you have done nothing wrong, and the police can help put a stop to it.
Accused of committing a crime online?
If you’ve been accused of committing a crime online, it’s best to get legal representation as soon as you can. We can represent you at police interviews and build a defence for you. The sentencing of these offences varies and we can try to find mitigating factors for you that may reduce the length or severity of the sentence that you’re facing.
Contact Harewood Law today, we work on both privately funded and serious Legal Aid cases across Leeds, Bradford, Halifax, Wakefield, Huddersfield, Keighley and across West Yorkshire and the UK.
0333 3448377 | info@harewoodlaw.com