Social Media Posts: Penalties for Offences

Jake Richards Excerpts

Monday 17th November 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Jake Richards)]

It is a pleasure to serve under your chairmanship, Sir Roger. We are here to debate whether to review the penalties for social media posts, as put forward by the hon. Member for Great Yarmouth (Rupert Lowe). Freedom of expression is a cornerstone of our democracy, but so too is the right of every citizen to live free from abuse, intimidation and harm. The role of Government and Parliament is to uphold both—to protect rights and responsibilities online and offline.

It has long been a principle in this country that people are free to express their views even when those views are uncomfortable, unpopular, challenging or even offensive. However, we must also recognise that freedom of expression must be balanced against the need to uphold public safety and ensure that our laws are equipped to deal with the realities of modern communication. That balancing act is not set in stone or fixed; it is a constant challenge for our society, as it should be. Any tension or conflict between these principles must be carefully considered and monitored. This debate plays an important and symbolic role in doing that, and I welcome contributions from all different perspectives.

[Luke Myer (Middlesbrough South and East Cleveland) (Lab)]

I will always defend freedom of expression, but one feature I am concerned about is the proliferation of disinformation content online—particularly by hostile states—that is designed to divide us and undermine our democracy. Will the Minister comment on that, and the approach the Government will take to tackling and enforcing against it?

[Jake Richards]

My hon. Friend makes an important point. Technology and social media have become more complex and difficult, but that does not mean we should shy away from attempting to ensure the principles that we hold so dear, including democracy. I will deal with that important point later in my speech.

This Government are committed to ensuring that penalties for these types of offences are proportionate and uphold freedom of expression. Sentencing is and must remain a matter for the independent judiciary. We all—particularly Government Ministers—have a responsibility to take extreme care when discussing individual cases. I will not be commenting on any, although we all take our own personal views on cases that capture the public imagination. But a sentence in the court of public opinion is not as rigorous as those imposed by courts of law. Each case is different, and the full circumstances are often not reported widely. Media stories of cases rarely convey all the information that the court had before it when deciding on its sentence.

Where an individual is convicted for an offence related to online speech, the independent judiciary is responsible for determining appropriate sentences, based on the facts of each cases and the relevant sentencing guidelines. An independent judiciary is vital to the rule of law and the functioning of a democratic society. It ensures that justice is administered fairly, impartially and critically, without political interference.

The independence of our judiciary from political influence is a vital part of our constitution, and I for one am determined to protect that in my role. The proposals by the Opposition to simply scrap the Sentencing Council amount to constitutional vandalism and have been described by previous Conservative Attorneys General as completely absurd.

[Dr Mullan]

Does the Minister accept that our proposals, which were not just to abolish the Sentencing Council but to create a number of bodies that advise the Department, are essentially exactly the same proposal that existed before the Sentencing Council was introduced by the Labour Government. Did he think there was constitutional vandalism prior to Labour’s reforms?

[Jake Richards]

The shadow Minister is completely incorrect. The Conservative party’s current proposals are not what was in place before the Sentencing Council was established. They propose to bring the sentencing of every type of criminal case into the Executive. That is a completely new, innovative and wholly dangerous proposal that has been criticised by Conservatives themselves. I remember when Conservatives used to stand up for our constitution and the separation of powers, rather than simply following the populist flame.

The sentencing framework is important, because it provides courts with a range of sentencing powers to deal effectively and appropriately with offenders in addition to imprisonment, including through discharges, fines, community sentences and suspended sentences. The law also makes it clear that imprisonment should only be imposed as a last resort and where no other sentence would be appropriate.

When deciding what sentence to impose, courts must consider the circumstances of the case, including the culpability of the offender, the harm they caused or intended to cause, and any aggravating and mitigating factors. They have a statutory duty to follow any relevant sentencing guidelines developed by the independent Sentencing Council for England and Wales, unless they are satisfied that it would be contrary to the interests of justice for them to do so. Therefore, differences in sentencing outcomes will be the result of a number of factors, including whether the offender has previous convictions or whether an early guilty plea was entered, as well as any particular aggravating and mitigating factors. They may also include circumstances surrounding the offence, as well as circumstances personal to the offender.

It is right that courts have the discretion to consider these factors and to tailor sentences accordingly, but that does not mean—and none of my argument should give the impression—that sentencing is not subject to democratic accountability. Parliament is sovereign. The Sentencing Bill, which we are taking through the House, makes changes to ensure that the Lord Chancellor and the Lady Chief Justice agree to new guidelines before they come into effect, which is a new mechanism for bolstering accountability. We do not want politicians handing down sentences on each given case, leading to wild inconsistencies and unfairness. But of course, sentencing has a democratic function, and in my submission this change strikes the right balance.

The Government commissioned a comprehensive review of sentencing powers through the independent sentencing review, chaired by David Gauke, the previous Conservative Lord Chancellor. This was wide-ranging and evidence-led, examining the full spectrum of sentencing options. The aim of the independent sentencing review was to ensure that the framework is robust, proportionate and fit for purpose. The review was guided by three core principles: sentences must punish offenders and protect the public; sentences should encourage prisoners to turn their backs on a life of crime; and we must make greater use of punishment outside of prison.

The Government accepted the majority of the review’s recommendations in principle, many of which are now being delivered through the Sentencing Bill, which is currently progressing through the House of Lords. Our focus remains on ensuring that the justice system protects the public, upholds fundamental rights and uses custodial sentences only where they are necessary and proportionate.

The Government have made it clear that we need to focus our law enforcement efforts on preventing crime in our communities—more police on our streets, rather than more policing of our tweets. But the Government do not feel that there is any case for a change in legislation at this stage, as proposed by the hon. Member for Great Yarmouth.

Freedom of expression is a right that must be protected, but it is not an absolute right; it carries a responsibility to use that freedom honestly and decently. Freedom used irresponsibly corrodes democracy; responsibility without freedom weakens it. The Government’s job is to protect both, and the Online Safety Act and our wider sentencing framework reflect that balance. They are designed to protect individuals, uphold justice and preserve the freedoms that define our society.

The Online Safety Act has been designed to safeguard legal free speech, uphold privacy and support innovation. It does not prevent adults from accessing legal content, nor does it restrict people from posting content that others may find offensive. It involves the regulation of systems and processes that platforms have in place for tackling illegal content and, critically, protecting children. There are also protections against the over-removal of content, where platforms take down content that they should leave on their sites.

As use of the internet has expanded, there has been an increasing awareness that online content and activity can cause serious harm to users. From disinformation to targeted harassment, what happens online now shapes lives offline. The public are right to expect protection online from abuse that would never be tolerated on our streets. There are some circumstances where the criminal threshold is met for genuinely harmful and dangerous material, whether that be online or through other forms of communication. That is why the Online Safety Act introduced three modern communication offences—harmful communications, false communications and threatening communications—ensuring that our legal framework is fit for the digital age.

We have now seen that the new offences introduced by the Act are being applied proportionately and effectively. Earlier this year, an individual was convicted under section 184 of the Act for encouraging a child to undertake serious self-harm through online grooming—the first case of its kind. We have heard about the real dangers that exist online for children, and we must clamp down on them. The case demonstrates the importance of having modern, digital-age offences that are capable of protecting the most vulnerable from genuine life-threatening harm.

The Act also delivered Zach’s law, named after a young epilepsy campaigner, which rightly makes it a criminal offence to send malicious flashing images intended to trigger seizures. It is a clear, common-sense and compassionate example of how the law can evolve to protect people with disabilities from cruelty and real, demonstrable harm online. We should remember that the Online Safety Act is not the only legislation that can lead to custodial sentences for online speech: recent convictions, including that of the individual jailed for issuing death threats against the hon. Member for Clacton (Nigel Farage), show that existing laws on threats and harassment are being applied robustly where speech crosses into criminal intimidation.

Democracy cannot function when intimidation replaces debate. That is the balance we seek to strike in regulating an increasingly influential online world to protect the public—between freedom of expression and the safety of individuals and communities. I thank all Members for their contributions. This is an issue that is important not only to this House but clearly to many people across the country, and it is vital that we allow, and indeed encourage, rigorous debates about the relevant legal framework.