Interim guidelines on prosecuting social media cases

The Director of Public Prosecutions has published interim guidelines setting out

The Director of Public Prosecutions has published interim guidelines setting out the approach that prosecutors should take when making decisions in relation to cases where it is alleged that criminal offences have been committed by the sending of a communication via social media. The guidelines are designed to give clear advice to prosecutors who have been asked either for a charging decision or for early advice to the police, as well as in reviewing those cases which have been charged by the police. These guidelines equally apply to the resending (or retweeting) of communications. The advice points out that the context in which any communication is sent will be highly material. Although they are interim guidelines and are subject to consultation, they have immediate effect. Employers may wish to review their social media policies in light of the DPP’s advice.

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