The legislation that governs the use of social media is “generally appropriate”, or so says a report from the House of Lords Communications Committee. This is despite the legislation being passed, almost without exception, before social media sites such as Facebook and Twitter were launched.
In its report the Committee found that social media law was “generally appropriate for the prosecution of offenses committed using the social media“. Yet with a host of cases that many believe should have never even led to arrest never mind to court, we find it concerning that this conclusion has been reached. As it stands, laws that now govern the use of platforms such as Twitter and Facebook, such as the Malicious Communications Act 1988, were drafted with the intention of combating traditional communications, like threatening phone calls.
As a result, it would be unreasonable to expect the Parliamentarians of the day to have thought about how the internet could change the nature of communications irrevocably. Indeed, during one of the evidence sessions, the situation was likened to “when a cruise liner all of a sudden needs to become a troop-carrying ship” in a time of war.