S7E03 - Criminal Offences Arising from Social Media Misuse
Oct 9, 2023
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Explore criminal offenses arising from social media misuse, including accessing confidential information, sending malicious communications, impairing system operation, nuisance calls, trolling, online threats, unauthorized disclosure of private images, workplace and non-workplace examples, stalking, and fear of violence.
18:21
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Quick takeaways
Unauthorized access and impairment of an employer's IT system can result in criminal charges under the Computer Misuse Act 1990.
The Malicious Communications Act 1988 and Communications Act 2003 criminalize offensive messages sent through various communication channels, with potential imprisonment or fines.
Deep dives
Overview of Criminal Offenses Arising from Social Media Misuse
This podcast episode discusses the criminal offenses that can arise from the misuse of social media and an employer's IT system. It highlights the Computer Misuse Act 1990, which covers unauthorized access and impairing the operation of an IT system. The podcast also addresses the Malicious Communications Act 1988, which governs the sending of indecent or offensive messages with the intent to cause distress. It further explores legislative provisions that criminalize online behaviors, like trolling, harassment, and disclosure of private images without consent, citing the Communications Act 2003 and the Prevention from Harassment Act 1997.
Computer Misuse Act 1990 and Employee Misconduct
The Computer Misuse Act 1990 specifies three main offenses related to the misuse of an employer's IT system. These offenses include unauthorized access to programs or data, impairing the operation of a computer or program, and using the system for committing other offenses. The podcast emphasizes that these actions can result in criminal charges, with potential imprisonment or fines upon conviction. It also highlights a case where an employee accessed customer records without permission, resulting in imprisonment.
Other Acts Addressing Misuse of Social Media
The podcast mentions the Malicious Communications Act 1988, which criminalizes the sending of offensive or threatening messages with the intention to cause distress. It explains that communication can occur through various means, including emails, texts, letters, and social media platforms. The podcast also discusses the Communications Act 2003, which prohibits the use of public electronic communications equipment to send false, offensive, or menacing messages, with potential imprisonment or fines. Lastly, the Prevention from Harassment Act 1997 covers harassment, stalking, and causing fear of violence using electronic means, highlighting the potential for imprisonment, fines, injunctions, and damages for distress caused. Hate crimes based on race, religion, disability, sexual orientation, or transgender identity are also mentioned, emphasizing the potential for uplifted sentences.
♨️ IMPORTANT INFORMATION: This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.