Figures published by the BBC under the Freedom of Information Act show that 653 people were charged in 2012 for alleged offences carried out on social media sites – out of a total of 4,908 offences reported to 29 forces in England, Scotland and Wales. That compares with figures of 46 out of 556 in 2008.
The revelations come in the wake of publication by the Director of Public Prosecutions Keir Starmer QC (pictured) of interim guidelines setting out the approach prosecutors should take in cases involving communications sent via social media. The guidelines are designed to give clear advice to prosecutors and ensure a consistency of approach across the CPS to these types of cases.
Mr Starmer said: "These interim guidelines are intended to strike the right balance between freedom of expression and the need to uphold the criminal law. They make a clear distinction between communications which amount to credible threats of violence, a targeted campaign of harassment against an individual or which breach court orders on the one hand; and other communications sent by social media, such as those that are grossly offensive, on the other.
"The first group will be prosecuted robustly whereas the second group will only be prosecuted if they cross a high threshold; a prosecution is unlikely to be in the public interest if the communication is swiftly removed, blocked, not intended for a wide audience or not obviously beyond what could conceivably be tolerable or acceptable in a diverse society which upholds and respects freedom of expression.
"The interim guidelines thus protect the individual from threats or targeted harassment while protecting the expression of unpopular or unfashionable opinion about serious or trivial matters, or banter or humour, even if distasteful to some and painful to those subjected to it."
The ACPO lead on communications, Chief Constable Andy Trotter, responded: "This interim guidance sets out clear advice to police forces in England and Wales on handling complaints from the public relating to social media. It takes a common sense approach and will help support consistency from prosecutors and police. We welcome the opportunity for early consultation to take place between CPS and police before any action is taken in these cases."
Javed Khan, the chief executive of Victim Support, added: "Victims tell us that sustained and vindictive targeting on social media can leave long-lasting emotional and psychological scars, so we warmly welcome clarification on how prosecutors will deal with online threats or harassment.
"The distinction between communications which constitute a credible threat and those which may merely cause offence is sorely needed. In particular we welcome the guideline which makes a prosecution more likely if a victim is specifically targeted and this has a significant impact on them."
The interim guidelines do not change the law, but set out the approach prosecutors should follow when considering cases relating to communications sent via social media. The guidelines come into immediate effect, and are subject to a three-month public consultation which started on 19 December.
The statement by the CPS says the age and maturity of a suspect should be given significant weight, particularly if they are under the age of 18. Children may not appreciate the potential harm and seriousness of their communications and as such prosecutions of children are rarely likely to be in the public interest.
The guidelines are thought to be at least in part in response to controversy surrounding a number of perceived trivial prosecutions, such as that of Paul Chambers, who joked on Twitter about blowing up Robin Hood Airport in Yorkshire after it was closed because of bad weather.
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