Social media giants should pay policing

The law needs to keep up with technological change, so it makes sense that the abuse directed at an individual online should be dealt with on the same basis as if it were carried out face-to-face. Perhaps physical intimidation is absent on the internet, but the effect can be just as traumatic. As Alison Saunders, the Director of Public Prosecutions, says: if hateful messages were daubed on the wall of someone’s house we would expect the police to track down the culprit and hand him or her over for punishment. Why should it be any different with posting the message on Facebook or Twitter?

Yet the police, prosecutors and courts have not been noticeably reluctant to act in this area. In 2015-16 there were 15,000 prosecutions, so it is questionable whether fresh guidance is needed to remind them of their duties. The problem, furthermore, is one of scale. The agencies of law and order are already spending so much time investigating online crime, whether it be fraud, hacking or downloading illegal sexual images, that it will soon be impossible for police officers to leave their computer screens and provide the reassuring presence needed to keep order on the streets.

Clearly some element of common sense is needed if legitimate critical remarks that some may find offensive are not to be investigated as “hate crimes”. The point at which the right to free speech manifests itself in threats, hostility and hatred may be for a jury to decide; but some proportionality also needs to be exercised earlier in the process if the police and courts are not to be overwhelmed.

The DPP wants to see more prosecutions, but there are financial consequences in terms of extra police time, more court hearings and additional prison places for the worst offenders. Moreover, the culpability of social media platforms needs to be considered. Ms Saunders is right to say that the responsibility for abusive behaviour lies predominantly with the perpetrator; but those who provide the platform cannot be immune simply because it is carried on through the internet.

A newspaper carrying hate-filled comments could face being prosecuted or sued for libel. Football clubs, whose fans often abuse and threaten opposing supporters, contribute to the cost of policing their stadiums. Why should Facebook, Twitter and other massively wealthy social media giants not contribute to the rising costs of policing the vile behaviour that they facilitate? We accept letters by post, fax and email only. Please include name, address, work and home telephone numbers.

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