Social Media Posts: Penalties for Offences

Luke Myer 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.