Government Criminalises ‘Fake News’ Intended to Cause Non-Trivial Harm

A person using a computer in an undated file photo. Dominic Lipinski/PA Media

The government has introduced an offence to criminalise “fake news” as well as cyberflashing and epilepsy-trolling under the Online Safety Act.

On Wednesday, the government announced that new offences under online spaces laws have kicked in “meaning criminals can face up to five years behind bars for their demeaning and dangerous actions.”

It said that “abusers, trolls, and predators online now face a fleet of tough new jailable offences from today as offences for ‘cyberflashing,’ sending death threats, and ‘epilepsy-trolling’ are written into the statute book after the Online Safety Act gained Royal Assent.”

A new “fake news” offence, a new false communications offence, will outlaw the intentional sending of false information that could cause “non-trivial psychological” or physical harm to users online.

This means that a person will be committing a jailable offence if they send a message that they know to be false. The person must also have no reasonable excuse for sending the message.

The government said that this “will bolster the government’s strong commitment to clamping down on dangerous disinformation and election interference online.”

In 2022,  it gave an example that “if an individual posted on social media encouraging people to inject antiseptic to cure themselves of coronavirus, a court would have to prove that the individual knew this was not true before posting it.”

Recognised news publishers and broadcasters (including on demand services) are exempt from this provision.

‘Better Peace of Mind When Online’

Technology Secretary Michelle Donelan said that from today, “online abusers and trolls will be prosecuted and put behind bars for their cowardly and menacing acts—ensuring the public are protected and can have better peace of mind when online.”

She said that “our pioneering Online Safety Act is already setting a global standard, and pivotal protections like these will keep sick individuals off our streets and unable to endanger Brits online.”

Ms. Donelan also announced a crackdown on “epilepsy-trolling” dubbed “Zach’s law” which will also mean people online who show flashing images electronically with the intention of causing harm to people with epilepsy will be held accountable for their actions and face prison.

Cyberflashing on dating apps, AirDrop and other platforms will also result in perpetrators facing up to two years behind bars where it is done to gain sexual gratification, or to cause alarm, distress or humiliation. Non-consensual sharing of intimate images known as “revenge porn” is also outlawed.

Sending death threats or threatening serious harm online will also carry a jail sentence of up to five years under a new “threatening communications” offence that will completely outlaw appalling threats made online that would be illegal if said in person.

Last year, the government said it has been working closely with regulator Ofcom to ensure changes will be implemented as quickly as possible.

The legislation imposes new legal duties on big tech companies and service providers, overseen by the regulator Ofcom.

Now, if social media platforms do not comply with these rules, Ofcom can fine them up to £18 million or 10 percent of their global annual revenue, whichever is biggest—meaning fines handed down to the biggest platforms could reach “billions of pounds.”

Free Speech

Free speech activists are cautious about the major implications on free speech.

Digital rights campaigners Open Rights Group have previously posted on X that the law will “make us less secure, including the children and young people that the law is supposed to protect.”

“The Online Safety Bill also poses a huge threat to freedom of expression with tech companies expected to decide what is and isn’t legal,” it said.

“Automated moderation will censor content before it’s even been published, re-introducing prior restraint for the first time since the 1600s,” it added.

PA Media contributed to this report.