British Government Considers Punishment For Causing ‘Psychological Harm’ Through Online Abuse

To Accomplish This It Involves New Regulations On Social Media & Search Engines

Online “trolls” could face two years in prison for messages or content that cause “psychological harm” as the British government considers new legislation to combat online abuse. However, this could also apply to any content that does this, including scamming and fraudFraud In law, fraud is intentional deception to secure unfair or unlawful gain (money or other assets), or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. A fraud can also be a hoax, which is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim.. But it may also come with a down side?

Almost anything that causes psychological harm might be included?

• Misleading news & information?
• Fake newsFake news Fake news is false or misleading information presented as news. It often has the aim of damaging the reputation of a person or entity, or making money through advertising revenue. However, the term does not have a fixed definition and has been applied more broadly to include any type of false information, including unintentional and unconscious mechanisms, and also by high-profile individuals to apply to any news unfavourable to his/her personal perspectives.?
• Political posts – even if true?
• Editorials and other free speech?
• Porn?
• What about your in-law’s family photos?

Obviously, the devil is in the details!

The UK’s Department for Culture, Media and Sports has accepted recommendations from the Law Commission to base crimes on “likely psychological harm” after a number of high-profile online abuse cases involving sports journalists and Premier League athletes.  Sadly, scamsScams A Scam is a confidence trick - a crime -  is an attempt to defraud a person or group after first gaining their trust through deception. Scams or confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, irresponsibility, or greed and exploiting that. Researchers have defined confidence tricks as "a distinctive species of fraudulent conduct ... intending to further voluntary exchanges that are not mutually beneficial", as they "benefit con operators ('con men' - criminals) at the expense of their victims (the 'marks')". A scam is a crime even if no money was lost. were not considered, but scamScam A Scam is a confidence trick - a crime -  is an attempt to defraud a person or group after first gaining their trust through deception. Scams or confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, irresponsibility, or greed and exploiting that. Researchers have defined confidence tricks as "a distinctive species of fraudulent conduct ... intending to further voluntary exchanges that are not mutually beneficial", as they "benefit con operators ('con men' - criminals) at the expense of their victims (the 'marks')". A scam is a crime even if no money was lost. victims may benefit from this regardless.

Ministers will consider a new law that will shift the focus from the content of a message to its effect, creating offenses of “threatening communications,” “knowingly false communication” (that would be a scam)  and “pile-ons,” The UK Times reported.

“Threatening communications,” for example, will target messages and posts that contain threats of harm intended to mainly create a state of fear for the victim (this could include scam victims sending messages to impersonationImpersonation An impersonator is someone who imitates or copies the behavior or actions of another. There are many reasons for impersonating someone, such as: part of a criminal act such as identity theft, online impersonation scam, or other fraud. This is usually where the criminal is trying to assume the identity of another, in order to commit fraud, such as accessing confidential information or to gain property not belonging to them. Also known as social engineering and impostors. victims too), while “pile-ons” would address an incident in which a number of individuals gangGang A gang is normally a group or society of associated criminals with a defined leadership and internal organization that identifies with or claims control over a territory or business practice in a community and engages, either individually or collectively, in illegal, and possibly violent, behavior. Online gangs are not limited by territory and may operate side by side with other gangs while engaging in crime online. Some members of criminal gangs are initiated (by going through a process of initiation), or have to prove their loyalty and right to belong by committing certain acts, usually theft or violence, or rituals. Gangs are usually rougher and more visible than scammer cartels, and more often arrested. up on someone with harassing messages on social media – in other words an online ganging up on someone (this happens constantly with school children.)

The plan has been sent to the cabinet for approval, with Culture Secretary Nadine Dorries reportedly intending to add the new offenses to a bill that will be introduced to Parliament next month.

“We are making our laws fit for the digital age,” a government spokesman told The Times. “Our comprehensive Online Safety Bill will make tech companies responsible for people’s safety and we are carefully considering the Law Commission’s recommendations on strengthening criminalCriminal A criminal is any person who through a decision or act engages in a crime. This can be complicated, as many people break laws unknowingly, however, in our context, it is a person who makes a decision to engage in unlawful acts or to place themselves with others who do this. A criminal always has the ability to decide not to break the law, or if they initially engage in crime to stop doing it, but instead continues. offenses.”

The move will likely prompt opposition from freedom of speech and civil liberties advocates. However, under the current US Communications Decency Act Section 230, most of the world has left tech companies to decide for themselves and be held immune for the acts of abuse that take place on their platforms. This would change that!

Former cabinet minister David Davis argued that assessing a message based on impact is too subjective.

Executive Director Jim Killock of Open Rights Group said the new offenses were too broad.

The New Bill

The new bill is one of a number of proposals to go before the government in the wake of a difficult year that saw protests against a number of issues, from Black Lives Matter to the announcement of a soccer Super League that many believed would threaten the financial well-being of sports across Europe.

SCARS is analyzing the potential for impact of this new law, but views the matter narrowly in terms of its impact on reducing online fraud and scams. We need to have ways to hold online platform publishers accountable, especially in light of the recent and extended revelations about Facebook – so bad that it prompted the company to change its name. In this regard, we are in favor of these new controls, however, as we have seen with the Communications Decency Act Section 230 that there are unforeseen consequences, and these need to be fully explored.

The great news is that as the UK works this out, it will become a template that the US and other countries can follow. In fact, there must be commonality among nations to regulate technology or it will just be more of the same chaos we experience now.

Draft UK Online Safety Bill

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Download the Draft Online Safety Bill Here