Since January, an amendment to the Online Safety Act 2023 allows for the prosecution of those who convey information that they know to be false and “if the person intended the message, or the information in it, to cause non-trivial psychological or physical harm to a likely audience”.
Ashley Fairbrother, a senior prosecutor at the law firm Edmonds Marshall McMahon, said: “This now makes the circulation of damaging and false information online into an offence in its own right.”
A former director of public prosecutions, Lord Ken Macdonald KC, spelled out on Monday how he believed investigators would want to quickly identify individuals who are involved in “online organisation, online incitement and online conspiracies”.
“I think prosecutors will want to have a strategy to identify people who may have been involved in inciting and encouraging these events, and they will want to arrest them and build cases against them. These are, in one sense, the most important people,”
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