The Scottish Crown Office has laid down the law when it comes to social media by producing guidelines to clarify what counts as a criminal offence through the media platform, with a warning that crimes on social media are taken as seriously as those offline.

Four Categories

The move, which is the first time Scotland has released information on social media crimes, are not seen as a way to curb freedom of speech but rather to provide a clear guidance on what is considered a cyber crime. 

The guidelines state that a criminal offence may have taken place under the following conditions:

• Specifically target an individual or group and are considered to be hate crime, domestic abuse, or stalking
• Threats of violence to the person, or provoking persons. Threats of damage to property or to incite public disorder
• Information that breaches court orders or contain sensitive information that is illegal to publish
• Communications that do not fall into the other categories but are considered to be grossly offensive, indecent or obscene or involve the communication of false information about an individual or group

Street No Different to Online

Lord Advocate Frank Mulholland said the test was simple: "If it would be illegal to say it on the street, it is illegal to say it online."

There's very detailed guidance of all the factors that prosecutors will take into account when they assess whether or not to raise criminal proceedings in relation to grossly offensive comments posted on social media."

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If you have been a victim of cyber crime or have been attacked through social media, contact us today, For free, confidential legal advice call us on 01383 730466 (Dunfermline) or 01592 640680 (Kirkcaldy) or contact us online.