Social Media Posts: Penalties for Offences

Zöe Franklin Excerpts

Monday 17th November 2025 Westminster Hall

[Zöe Franklin (Guildford) (LD)]

It is a pleasure to serve under your chairmanship, Sir Roger.

Freedom of speech is a vital right, but it must end where harm to another begins. Online freedom cannot mean the freedom to exploit, to encourage self-harm or to destroy lives. I appreciate that I am taking the debate in a slightly off-piste direction, but this is relevant to the debate we are having today, because suicide forums and other user-to-user platforms are also part of what Ofcom counts as social media. If this debate is about the proportionality of penalties applied to offences arising from social media posts, we must address the stark reality that the most harmful content online is actually the least likely to attract enforcement. Nowhere is that clearer than in the case of unregulated suicide forums, which The Telegraph recently described as a terrifying online world where users share methods, encourage one another to die, and prey on the vulnerable.

The Molly Rose Foundation, founded by bereaved parents after losing their daughter Molly, has exposed the scale of the threat. Its report “Missed chances, lost lives” links at least 133 UK deaths to a single pro-suicide forum that operates overseas. On that site, young people—many just teenagers—are encouraged, instructed and groomed into taking their own lives. The forum hosts detailed methods, promotes poisonous substances, shares advice on bypassing UK regulations and even enables suicide pacts between strangers, which facilitates the abuse of vulnerable women. That is not free speech, as the site moderators claim; it is the deliberate facilitation of harm—fatal harm.

I first became aware of the foundation’s work when I met a local family who had lost their daughter, Hannah. She had been on that forum, where she found links to poisons and guidance on how to obtain them outside UK restrictions. Her father, Pete, warned me that harm is out there waiting to be found by teenagers. No parent should ever have to bury their child because of an unregulated user-to-user forum or social media.

What makes this even harder to accept is how many missed chances there were to act. Coroners issued 65 prevention of future deaths reports to three Government bodies—65 formal warnings that the site and its content were putting people at risk. Had those warnings triggered action when they should have, many of those 133 people might still be with us today.

Ofcom eventually opened a formal investigation under the Online Safety Act, but only in 2025—long after families had begun sounding the alarm. Its own letter acknowledges serious risks to UK users, including children, yet despite that Ofcom initially accepted a voluntary geoblock, which could be easily bypassed with a simple VPN. It took the discovery of a mirror site, and determined, unrelenting pressure from bereaved families, to escalate the case to priority.

That goes to the heart of today’s debate: if we are examining how penalties are applied for offences arising from social media posts, we must ask why the quickest and toughest enforcement does not fall on those creating the greatest real-world harm. The Online Safety Act creates strong penalties for encouraging suicide and serious self-harm—up to 14 years’ imprisonment and up to five years’ imprisonment respectively. Those penalties must not be weakened; they must be used, and they must be supported by regulators who treat the loss of life due to online harms with the urgency it demands.

I have met too many parents, siblings, friends and loved ones whose lives have been shattered. Their message is simple: protect young people, target the real harms, and use the penalties to save lives. If proportionality is the principle, let it be proportional to harm, because our young people deserve a system that protects them, not one that leaves the deadliest corners of the internet untouched.

I thank the hon. Member for Great Yarmouth (Rupert Lowe), in part, for the debate today, which has enabled me to raise this part of the important conversation about penalties for offences arising from social media posts and user-to-user platforms.

Oral Answers to Questions

Zöe Franklin Excerpts

Tuesday 11th November 2025 Commons Chamber

[Sarah Sackman]

My hon. Friend raises a very important issue. If people do not know their rights, they cannot enforce their rights, so raising awareness is incredibly important. It is important that we expand access to legal support where people are living their lives, and the online service where people, especially young people, can access digital legal advice is a vital component of that.

[Zöe Franklin (Guildford) (LD)]

I was interested to hear the Minister’s answers to the previous question, but true access to justice must include those still imprisoned under legal tests since ruled wrong, including many young people from marginalised communities convicted under joint enterprise. Will the Government consider adopting the review mechanism in my amendment to the Sentencing Bill, which would create a statutory process for a review of convictions so that they, too, can access justice?

[Sarah Sackman]

The review of criminal law in this area is incredibly delicate, and we need to look at it in line with common law and case law, but we are keeping it under review.

Sentencing Bill

Zöe Franklin Excerpts

Committee of the whole House
Tuesday 21st October 2025 Commons Chamber

[Luke Taylor]

I congratulate the hon. Member for Wolverhampton West (Warinder Juss) on his clear and comprehensive explanation of the flaws of short sentences. The right hon. Member for South Holland and The Deepings (Sir John Hayes), who is no longer in his place, gave us some insight into why we have ended up in such a mess: Government modelling was not able to reconcile the removal of prison places with rules for increased sentences. The result was more demand for prison places. The net figure of 482 prison places gained since 2010, given by the hon. Member for Carlisle (Ms Minns), shows the utterly damning mistakes that were made during the Conservatives’ time in government.

I will speak in favour of new clauses 6 and 39. In Christmas 2021, Lillie Clack’s family were woken by police, informing them that Lillie had been involved in a traffic accident on Christmas morning. It was caused by a driver under the influence, who was speeding at up to 100 mph, and who failed to stop for the police. Following the accident, heroic local residents rushed to the scene with fire extinguishers, but sadly Lillie died in hospital three days later. Lillie’s family have campaigned tirelessly since then for Lillie’s law, which would result in licences being suspended immediately upon a charge, and a lifetime ban from driving when drivers are convicted of causing death by dangerous driving or by careless driving.

I speak in favour of new clause 6, tabled by the hon. and gallant Member for Huntingdon (Ben Obese-Jecty), which would apply the lifetime ban, and in favour of new clause 39, tabled by my hon. Friend the Member for Chichester (Jess Brown-Fuller), on the suspension of a person’s driving licence while they are on bail for a driving-related offence. Together, those new clauses would deliver the objectives of Lillie’s law and provide both punishment and deterrent for those who step into a car under the influence, or who do not take the care that is required when driving, which is a privilege, and not a right.

I will speak briefly in favour of new clause 30. I encourage hon. Members from across the House to support the long-overdue resentencing of all prisoners currently held under a sentence of imprisonment for public protection. At the end of 2024, more than 2,000 people were held under an IPP, which is an ongoing scandal and a tragedy for those individuals. The Government claim that the jail terms are a grave injustice, but they are failing to move quickly enough. This new clause would force them to act. As the hon. Member for Hammersmith and Chiswick (Andy Slaughter) so clearly explained, there is a need for action, so I hope his colleagues can be persuaded to support new clause 30, in the absence of another measure to address the issue, which is badly required.

Finally, I will mention new clause 40, on the provision of training during the period when an individual is on remand. We must enable rehabilitation wherever possible. Even if the new clause is not taken forward today, I join colleagues and the hon. Member for Congleton (Sarah Russell) in encouraging the Government to look at the current situation.

[Zöe Franklin (Guildford) (LD)]

Justice must be capable of learning from its mistakes. When the law evolves, it must reach back for those left behind. That is the principle behind new clauses 22 and 23, which I tabled.

The new clauses would create a fair route for people still serving sentences under laws that have since been abolished or where the legal basis has materially changed. They would allow courts to review such cases so that punishment reflects the law as it stands today, not as it stood decades ago. At present, there is no clear mechanism for that to happen. Even when Parliament or the courts have recognised that a law was wrong, those affected have no way to benefit. Our system can acknowledge injustice, but it cannot yet fix it. We see that most clearly in the case of Alex Henry, whose sister is my constituent. She has campaigned tirelessly on this issue, and she and Alex’s mum are in the Gallery today.

Some 11 years ago, Alex was convicted of murder after a 40-second altercation. He did not wield the weapon; he threw a phone and one punch, then ran. He was convicted under the now discredited doctrine of joint enterprise, which allowed juries to convict if a defendant merely foresaw what someone else might do. Two years later, the Supreme Court ruled that that interpretation had been wrong for more than 30 years. Foresight is not enough for guilt—intent must be present—yet Alex remains in prison, serving a life sentence with a minimum term of 19 years for a crime that he would not have been convicted of under today’s law.

[Monica Harding]

Alex’s mother, Sally, is a constituent of mine in Esher and Walton. She shared Alex’s story in one of my surgeries, so I am very pleased that his story is being considered today in Parliament. The new clauses put forward by my hon. Friend will help to ensure that people such as Alex have a route to justice. Sally is battling on behalf of her son against a law that is obsolete. All of us can only imagine how heartbreaking and frustrating that is and the unfairness of what my hon. Friend has described. I urge Members across the Committee to support the new clauses so that there is a course to justice.

[Zöe Franklin]

This is indeed a highly significant issue, which is why I have put forward the new clauses.

Since his conviction, Alex has been diagnosed with autism, a condition that fundamentally affects how he perceives and reacts to social situations. That diagnosis raises serious questions about whether it was even fair to suggest that he could have foreseen a friend’s violent act, let alone intended it. Alex’s story is not unique. Many others—overwhelmingly young men, disproportionately from minority ethnic backgrounds—remain imprisoned under a doctrine that our highest court has disowned.

I recognise today Joint Enterprise Not Guilty by Association—JENGbA—whose members have worked tirelessly for more than a decade to support families and campaign for reform. Many of them, and the families of those affected, are also here in the Gallery. I place on record my gratitude for their courage and persistence in seeking justice. I also thank the hon. Member for Liverpool Riverside (Kim Johnson) for her support this afternoon.

New clause 22 would allow people still serving sentences under laws that have materially changed to apply for a review. It would give courts discretion to resentence in line with the law as it now stands or to make any other order necessary in the interests of justice. This is not about reopening every case or granting automatic releases; it is about restoring fairness. New clause 23 would complement that by requiring the Secretary of State for Justice to review and report to Parliament on how changes in criminal law affect existing convictions and sentences. It would ensure that when the law evolves, we look back and ask what the changes mean for the people already affected. This is not just a moral necessity, but a practical one.

We face a severe crisis in our prisons, which are overcrowded, understaffed and at breaking point. It makes no sense to fill cells with people serving sentences under laws that no longer reflect justice, while those who genuinely threaten public safety wait for space. We need prison places for those who are truly dangerous, not for those who were simply in the wrong place at the wrong time under the wrong law. The Secretary of State for Justice has long recognised the injustice of joint enterprise. In 2021, he called it “shoddy law”, “outdated” and “backward”, and pledged to change it. Families across the country, including many in the Gallery, remember that promise; today’s Bill gives the Secretary of State and the Government the chance to make good on it.

The new clauses provide a practical, proportionate and fair way to ensure that our justice system can correct itself when the law gets it wrong. As such, my ask today is for the Secretary of State and the Government to champion these clauses from the Government Benches. Work with me and campaigners to refine the detail if needed, but do not let the principle fall away, because the strength of our justice system lies not in its perfection, but in its capacity to put right its own mistakes. For Alex Henry, for the families in the Gallery today, and for everyone who is still serving a sentence under a law that our courts have already rejected, I urge all Members on both sides of the Committee and the Government to support new clauses 22 and 23.

[Jake Richards]

I begin by thanking all those who have contributed to this important debate about sentencing policy and the future of our criminal justice system. Before I turn to the specifics of various amendments, there are two overarching principles that inform this piece of legislation and the Government’s position today. The first is the legacy that this Government inherited from the Conservative party, with prisons at breaking point, the risk that the most serious offenders would avoid arrest or custody altogether, and the need for emergency action to release offenders early to avoid the prison system collapsing. That was the conclusion of 14 years of Tory failure. Alongside the largest prison building programme since the Victorian era, this Sentencing Bill fixes that mess—under this Government, never again.

Secondly, while we stabilise the system that was so shamefully vandalised by the previous Tory Government, we can build a better justice system—one that protects the public and reduces reoffending. This Government will prioritise punishment, but punishment that works, not the broken system we have today. That is why we are introducing important measures on short custodial sentences, which robust evidence shows will reduce offending, save the taxpayer money and assist with the prison capacity crisis. Fixing the mess we inherited and building a more robust and effective justice system are at the heart of today’s Bill.

I turn to the amendments tabled by the official Opposition and the shadow Justice team. I am simply aghast at the chutzpah of the Conservative party on justice issues. The piece of legislation we are considering is only before the Committee today because of the mess that the Tories left behind. Whereas they turned their backs on the mounting crisis, this Government will not shrink from the challenges we face, however difficult they may be.

Amendment 24 would undermine a central purpose of the legislation, which is to solve the Tory prisons capacity crisis. Let me be absolutely clear: what victims of crime and our communities fear the most is the situation the Tories left behind, in which criminals—murderers, rapists and child abusers—might not face prison at all because the Tories left our system teetering on the brink, without the capacity to lock up even the most serious offenders. We will not apologise for the measures in this Bill that clear up their mess.

The inspiration for the changes that the Tories oppose is the earned progression model from Texas, where crime has been slashed by improving rehabilitation and cutting reoffending. Tackling reoffending and boosting efforts to rehabilitate offenders used to be Conservative policies; indeed, the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), who is not in his normal place, used to believe in rehabilitation and initiatives to cut reoffending. Eight years ago, when I think he was still a one-nation Cameroon, he argued that

“the statutory definition of the purpose of a prison”

should

“include rehabilitation and reform”.—[Official Report, 19 July 2017; Vol. 627, c. 850.]

Now he opposes every single measure in this Bill that furthers that cause. He was a moderate; now, he is a pound-shop populist. One wonders whether he believes in anything other than his campaign to become Leader of the Opposition—simply not serious, Madam Chair.

Oral Answers to Questions

Zöe Franklin Excerpts

Tuesday 8th July 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

My hon. Friend asks a good question. In England, prison education contracts are awarded following a rigorous commercial process that awards providers on merit. I understand that PeoplePlus has been awarded education contracts for Scottish prisons, but that would be a matter for the Scottish Government.

[Zöe Franklin (Guildford) (LD)]

T5. I wish to raise the case of my constituent whose 89-year-old father was subject to serious abuse through a lasting power of attorney. It took two years and significant legal costs to get the power of attorney removed through the Court of Protection. The father tragically died, homeless and penniless. Does the Minister believe that the current LPA protections are sufficient to prevent such abuse, and will the Government consider an urgent review and reform of the system?

[Sarah Sackman]

I am very sorry to hear about the case of the hon. Member’s constituent. We need to put this into some context. As of March 2024, over 8 million lasting powers of attorney were registered in England and Wales. They are a really useful instrument. Although concerns about misuse do exist, the sort of abuse that the hon. Member highlights is, in context, rare. The Office of the Public Guardian investigated around 2,500 cases last year. We are looking to strengthen safeguards and add more identify checks as part of a modernised service. Lasting power of attorney is a really important tool, and we do not want to throw the baby out with the bathwater.

Oral Answers to Questions

Zöe Franklin Excerpts

Tuesday 22nd April 2025 Commons Chamber

[Sir Nicholas Dakin]

The hon. Member is right to suggest that we need to learn lessons from wherever they can be learned, and he is right to caution against approaches that might bring about results that people do not wish to see.

[Zöe Franklin (Guildford) (LD)]

12. What steps she is taking to tackle court backlogs.

[The Minister of State, Ministry of Justice (Sarah Sackman)]

This Government inherited a record rise in court backlogs. The last Conservative Government let down victims of crime, businesses, workers and families, all through their neglect and under-investment. This Government are gripping the crisis: to date we have funded a record high allocation of 110,000 Crown court sitting days for next year, and we are, and intend to be, at or close to the maximum in every jurisdiction. We are fixing the last Government’s mess.

[Zöe Franklin]

I recently met representatives of the Rape and Sexual Abuse Support Centre in my constituency. They support hundreds of survivors every year through counselling, advice, and carrying out vital prevention work in schools and the wider community, but, as they explained to me, their work is being undermined by a justice system that is in crisis. Trials are routinely delayed, sometimes for up to four years, owing to a chronic shortage of judges, and as a result some victims are considering dropping their cases—not because they do not want justice, but because they cannot cope with such a traumatic experience. That is a gross injustice. I am grateful to the Minister for her answer, but will she expand specifically on how the Government will help to prevent re-traumatisation in the court backlog process, and on how they will continue to fund organisations such as RASASC?

[Sarah Sackman]

We recognise the traumatic impact of delays in our Crown courts on victims of violence against women and girls and, indeed, victims of all crimes. The best thing we can do for those victims is deliver swifter justice. We will do that not just by spending extra money—which we have done—but through reform, so we have asked Sir Brian Leveson to propose bold and ambitious measures to deliver the swifter justice for which the hon. Member has asked.