scholarly journals The criminalisation of intentionally harmful digital communications - Encouraging the responsible use of cyberspace or an offence of unnecessarily limited application?

2021 ◽  
Author(s):  
◽  
Cameron James Laing
Keyword(s):  
United Kingdom ◽  
Emotional Distress ◽  
Digital Communications ◽  
Mens Rea ◽  
Criminal Offence ◽  
Select Committee ◽  
The United Kingdom ◽  
Actual Harm ◽  
Limited Application

<p>The Harmful Digital Communications Bill has recently been reported back from the Justice and Electoral Select Committee. The Bill seeks to deter, prevent and mitigate the harm caused to individuals through digital communications and to provide victims of harmful digital communications with a quick and efficient means of redress. In addition to modernising existing legislation and establishing a new civil enforcement regime, the Bill controversially introduces a new criminal offence of posting a harmful communication with the intent that the communication causes harm to a victim. Surprisingly, the offence differs significantly from comparable legislation abroad where neither a mens rea standard of intent is present nor a requirement that a victim must suffer serious emotional distress in order for an offender to be liable. This paper critiques the likely application of the offence and ultimately concludes that in light of differing legislation abroad and cases which have arisen since the enactment of the Communications Act in the United Kingdom, that the mens rea standard should be modified to include subjective recklessness, and the requirement that an intended victim must suffer actual harm should be removed.</p>

scholarly journals The criminalisation of intentionally harmful digital communications - Encouraging the responsible use of cyberspace or an offence of unnecessarily limited application?

2021 ◽  
Author(s):  
◽  
Cameron James Laing
Keyword(s):  
United Kingdom ◽  
Emotional Distress ◽  
Digital Communications ◽  
Mens Rea ◽  
Criminal Offence ◽  
Select Committee ◽  
The United Kingdom ◽  
Actual Harm ◽  
Limited Application

<p>The Harmful Digital Communications Bill has recently been reported back from the Justice and Electoral Select Committee. The Bill seeks to deter, prevent and mitigate the harm caused to individuals through digital communications and to provide victims of harmful digital communications with a quick and efficient means of redress. In addition to modernising existing legislation and establishing a new civil enforcement regime, the Bill controversially introduces a new criminal offence of posting a harmful communication with the intent that the communication causes harm to a victim. Surprisingly, the offence differs significantly from comparable legislation abroad where neither a mens rea standard of intent is present nor a requirement that a victim must suffer serious emotional distress in order for an offender to be liable. This paper critiques the likely application of the offence and ultimately concludes that in light of differing legislation abroad and cases which have arisen since the enactment of the Communications Act in the United Kingdom, that the mens rea standard should be modified to include subjective recklessness, and the requirement that an intended victim must suffer actual harm should be removed.</p>

scholarly journals Gypsy–Traveller communities in the United Kingdom and the Netherlands: socially and digitally excluded?

2018 ◽  
Vol 42 (5) ◽  
pp. 637-653
Author(s):  
Leanne Townsend ◽  
Koen Salemink ◽  
Claire Denise Wallace
Keyword(s):  
United Kingdom ◽  
The Netherlands ◽  
Digital Communications ◽  
Digital Inclusion ◽  
Left Behind ◽  
The United Kingdom ◽  
Mainstream Society ◽  
Using Data ◽  
Socially Excluded ◽  
The Impact

With the pervasiveness of digitisation communications, those that are left behind are seen as socially excluded. In both academic and policy discourses, it is assumed that digital inclusion as a route into mainstream society is a desirable solution to problems of multiple exclusion and has led to many studies of the digital inclusion/exclusion of ‘hard to reach’ groups. Yet, Gypsy–Travellers, among the most marginalised people in society, have received little attention. Using data from the Netherlands and the United Kingdom, we assess the impact of digital communications on Gypsy–Traveller communities. This article makes a contribution in the following ways: First, we address the theories of ‘fields of inclusion’ to show how exclusion and inclusion work together in different ways; Second, we explore how different policy frameworks in the Netherlands and the United Kingdom shape these possibilities; Third, we document the forms of inclusion that Gypsy–Travellers experience in terms of digital communications; Fourth, we look at how Gypsy–Travellers use digital communications to recreate their own cultures as well as selectively integrate with mainstream society.

Social Media Homicide Confessions

2017 ◽  
Author(s):  
Elizabeth Yardley
Keyword(s):  
Social Media ◽  
United Kingdom ◽  
Conceptual Framework ◽  
Police Officers ◽  
Electronic Communication ◽  
Digital Communications ◽  
The United Kingdom ◽  
The World ◽  
The Relationship

As our interactions with others become ever more mediated by various forms of electronic communication, the relationship between crime and technology is becoming an increasingly important topic for both theoretical and practical studies of criminology. This book analyses digital communications as they play a part in contemporary homicide, drawing on a range of cases from the United Kingdom and elsewhere in the world — cases where killers confessed on social media, for example, or where their actions were traced using their digital communications. Offering a groundbreaking conceptual framework for people studying this issue, the book will be of great value to criminologists, students, and police officers.

Cyberbullying at School: Good Practice and Legal Aspects in the United Kingdom

2010 ◽  
Vol 20 (2) ◽  
pp. 182-193 ◽  
Author(s):  
Magdalena Marczak ◽  
Iain Coyne
Keyword(s):  
United States ◽  
United Kingdom ◽  
Young People ◽  
Good Practice ◽  
The United States ◽  
Legal Aspects ◽  
Criminal Offence ◽  
The United Kingdom ◽  
The World ◽  
Per Se

AbstractCyberbullying at school has emerged as a new, electronic form of bullying and harassment and is recognised as a growing problem all over the world. The ability to use cyberspace to bully others means that harassment, rumours and intimidation can reach a much wider audience. Although research has not as yet explored fully the consequences of either cyber-victimisation or cyberbullying, it would appear that they may be detrimental to the health of young people, suggesting the need for policies and interventions, which some European countries (e.g., Germany, Luxemburg, Belgium and the United Kingdom) have attempted to undertake. Currently, however, only the United States has implemented specific laws that treat cyberbullying as a criminal offence per se. After briefly considering the literature on cyberbullying this article will focus on the legal, regulatory and good practice frameworks for controlling cyberbullying in UK educational contexts.

scholarly journals THE LEGAL FRAMEWORK FOR CORPORATE LIABILITY FOR HOMICIDE: THE EXPERIENCE IN NIGERIA AND THE UNITED KINGDOM

2014 ◽  
Vol 22 (1) ◽  
Author(s):  
Khairat Oluwakemi Akanbi
Keyword(s):  
United Kingdom ◽  
Criminal Law ◽  
Legal Framework ◽  
Mens Rea ◽  
The Public ◽  
The United Kingdom ◽  
Corporate Body ◽  
Corporate Manslaughter ◽  
The Uk ◽  
Corporate Liability

In recent times, corporate homicide has become an increasingly global phenomenon. These global incidences make it imperative to have a legal framework for holding corporations liable for deaths either of employees or members of the public that occur as a result of their activities. The challenge however is in applying the traditional criminal law elements of actus reas and mens rea to a corporation, since the criminal law had developed with the natural person in mind. The aim of this paper is to examine the legal framework for corporate liability for homicide sharing the experience in Nigeria and the UK. The paper discusses the application of criminal law elements of actus reas and mens rea to a corporate body in order to justify corporate liability for homicide. It also examines the Corporate Manslaughter and Corporate Homicide Act 2007 of the UK which is the first legislation on corporate homicide together with theposition in Nigeria. The paper finds that the legal framework in Nigeria is inadequate to secure corporate liability for homicide. The UK provisions can thus serve as a useful model in this regard.

scholarly journals Eliciting Best Evidence from a Child Witness: A Comparative Study of the United Kingdom and India

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Charanjit Singh
Keyword(s):  
United Kingdom ◽  
Criminal Justice ◽  
Comparative Study ◽  
Justice System ◽  
Case Law ◽  
Child Witness ◽  
Criminal Offence ◽  
The United Kingdom ◽  
Justice Process ◽  
Criminal Justice Process

Abstract The successful prosecution of any criminal offence relies on evidence that proves its commission. Although the admissibility of evidence is key at first instance, the weight attached to a piece of evidence i.e. how “reliable” or “persuasive” it is will tilt the scale of justice in one or another direction. The problems with various forms of evidence i.e. that elicited from an eye or ear-witness has been thoroughly explored by academics and lawyers alike. Those same problems are potentially exacerbated where the witness is a child who has not only witnessed a gruesome crime but is required to give evidence in a forum (court) that is accompanied by intimidating surroundings. Whilst witness evidence, regardless of whether it is given by an adult or child, is a factual part of criminal justice, it is salient to note that the entire process has been made more witness-friendly in some commonwealth jurisdictions. This article explores the differences in the rules designed on eliciting best evidence from a child witness in the United Kingdom and India. In so doing, the case law from each jurisdiction is contrasted. There are two aims of the article, the first is to facilitate a conversation where one criminal justice system may learn from another’s experience. The second, a result of the first, is to make suggestions on improving the experience of a child witness in the Indian Criminal Justice Process.

scholarly journals Wilkinson v Downton After Rhodes and its Future Viability in New Zealand

2017 ◽  
Vol 48 (1) ◽  
pp. 107
Author(s):  
Pita Roycroft
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Emotional Distress ◽  
Human Experience ◽  
The United Kingdom ◽  
Future Viability ◽  
The Law

This article analyses the tort in Wilkinson v Downton, commonly referred to as intentional infliction of emotional distress, in light of the United Kingdom Supreme Court's decision in Rhodes v OPO. After considering the three base elements of the Rhodes Court's newly reformulated tort, and giving a brief introduction to the New Zealand equivalent, the article suggests the law in this area is in need of further clarification and reform. The Rhodes formulation, while useful, does not go far enough in securing a viable future for the tort in light of the developments in negligence and privacy. The article justifies the tort's independence and suggests reforms to its elements in this respect. In particular, it concludes that the conduct element ought to be based on a "reasonable target" test, and the consequence element ought to be modified to allow recovery for damage amounting to severe emotional distress outside the range of ordinary human experience.

scholarly journals Psoriasis today: experiences of healthcare and impact on quality of life in a major UK cohort

2014 ◽  
Vol 16 (04) ◽  
pp. 415-423 ◽  
Author(s):  
Avril S. Nash ◽  
Helen McAteer ◽  
Julia Schofield ◽  
R. Penzer ◽  
Annie K. Gilbert
Keyword(s):  
Quality Of Life ◽  
Primary Care ◽  
United Kingdom ◽  
Emotional Distress ◽  
Psychosocial Functioning ◽  
Negative Impact ◽  
Well Being ◽  
Treatment Regimes ◽  
The United Kingdom

AimTo establish how people with psoriasis in the United Kingdom today experience living with their condition including diagnosis, treatment, healthcare provision and impact on daily life.BackgroundPsoriasis is a debilitating long-term inflammatory skin disease which can result in severe itching, discomfort and soreness, and may be associated with problems beyond the specific symptoms related to the skin. For many it is accompanied by difficult-to-manage treatment regimes, emotional distress and a negative impact on their quality of life and psychosocial functioning. To date there is little published information about the health experiences of people in the United Kingdom with psoriasis.MethodsA postal self-administered questionnaire was completed by members of the Psoriasis Association and the responses analysed (n=1564).FindingsThe findings suggest some similarities to surveys in other nations, but specifically highlighted that patients feel under-informed and are dissatisfied with current treatment regimes. Responses provided an insight into aspects of the condition that treatments should be targeting. Specific areas of negative impact on psychosocial functioning were identified, including the lack of available support for those experiencing emotional distress. The research provides important information about how the care of patients with psoriasis can be improved, especially at primary care level. This includes: improved training in psoriasis knowledge and awareness at general practitioner level and greater use of dermatology specialist nurses in primary care settings; more effective and manageable treatment regimes that target visible areas and general well-being; greater support for emotional distress and psychosocial functioning.

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