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'Trolls' who create fake profiles face criminal prosecution CPS to prosecute 'trolls' who use fake online profiles
(about 1 hour later)
Internet "trolls" who create fake social media profiles could face charges, say guidelines being proposed for prosecutors in England and Wales. Lawyers will be advised to prosecute "trolls" who use fake online profiles to harass others, under guidelines being proposed in England and Wales.
The Crown Prosecution Service says adults should be charged if they use fake social media IDs to harass others. The Crown Prosecution Service says adults should be charged if, for example, they make a profile in the name of a victim with fake information which could damage their reputation.
Cases would also follow if posts were indecent, grossly offensive or so false they caused distress and anxiety. The guidelines also include advice on new crimes such as revenge pornography.
The CPS is amending its guidelines to keep its staff up to date with modern crime. The CPS guidelines advise prosecutors on how to interpret existing laws.
A six-week consultation on the proposed changes has now startedA six-week consultation on the proposed changes has now started
'Deeply upsetting'
"It is vital that prosecutors consider the bigger picture when looking at evidence and examine both the online and offline behaviour pattern of the defendant," said director of public prosecutions Alison Saunders."It is vital that prosecutors consider the bigger picture when looking at evidence and examine both the online and offline behaviour pattern of the defendant," said director of public prosecutions Alison Saunders.
"Online abuse is cowardly and can be deeply upsetting to the victim.""Online abuse is cowardly and can be deeply upsetting to the victim."
However, the CPS has said children should rarely be prosecuted, because of their lack of adult judgement. Fake accounts and websites can be used by those posing as their victims to post embarrassing messages or pictures.
Catfishing imposters This "may amount to an offence, such as grossly offensive communication or harassment", the CPS said.
Fake accounts can be used by those posing as their victims to post embarrassing messages or pictures - or to target others without fear of identification.
Imposters have set up false accounts to discredit former partners, and attract new ones - a practice known as Catfishing.Imposters have set up false accounts to discredit former partners, and attract new ones - a practice known as Catfishing.
In 2015, Ruth Palmer told the BBC someone had used pictures from her Facebook account to set up a network of false identities made up of her friends and family.
Fraudsters have also set up fake LinkedIn profiles, in an attempt to harvest the personal details of legitimate users.Fraudsters have also set up fake LinkedIn profiles, in an attempt to harvest the personal details of legitimate users.
Facebook estimated in 2012 that it had tens of millions of illegitimate accounts.Facebook estimated in 2012 that it had tens of millions of illegitimate accounts.
The CPS is advising its prosecutors they should be prepared to charge under existing laws if a case falls into one of three categories: 'Unpopular opinions'
The CPS is advising its prosecutors to be prepared to charge under existing laws if a case falls into one of three categories:
However, the guidance also sets out less serious situations where prosecutions should be considered under a fourth category: where a false identity is used to post upsetting messages, including false information that could cause anxiety.However, the guidance also sets out less serious situations where prosecutions should be considered under a fourth category: where a false identity is used to post upsetting messages, including false information that could cause anxiety.
Prosecutors say, particularly in this category, a decision to charge must be weighed against the need to defend freedom of speech, including "banter", and the "posting of unpopular opinions". Prosecutors say, particularly in this category, a balance must be struck between a decision to charge someone and the need to defend freedom of speech, - including "banter" and the "posting of unpopular opinions".
The CPS has said children should rarely be prosecuted, because of their lack of adult judgement.
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