In the wake of recent riots, attention has turned to the issue of spreading misinformation online and whether it is punishable under the Online Safety Act. Sir Keir Starmer has expressed a desire to hold those responsible for inciting violence online accountable, but what exactly does the law say about spreading false information on social media?
According to lawyers Hanna Basha and Mark Jones, sharing false information about an individual’s religion, ethnicity, or immigration status can have serious legal consequences. Under data processing laws, this type of information is considered “special category data” and is afforded extra protection. This means that those who spread misinformation online, even if unintentional, could face civil claims for defamation. In some cases, they may be required to pay damages and legal costs.
When it comes to criminal offenses, the current Online Safety Act does not specifically address the issue of spreading misinformation. While there is a false communications offense that targets the intentional spread of false information that could harm users, it is primarily aimed at internet trolls rather than those spreading misinformation that incites real-world actions.
Although duties on social media platforms to remove harmful content are not set to be fully enforced until 2025 or 2026, Ofcom has urged companies to take action now. However, critics argue that the Online Safety Act falls short in addressing the immediate threat posed by online misinformation.
Recent arrests related to false information and incitement to criminality highlight the existing laws that can be used to prosecute individuals for their online actions. The Public Order Act of 1986, which penalizes violence, intimidation, and hate speech, is often used in cases where online posts are deemed to incite or encourage harmful behavior.
As the debate around online safety and misinformation continues, it is clear that there are both civil and criminal implications for those who spread false information online. The evolving landscape of online regulation, including the strengthening of the Online Safety Act in the future, means that the legal consequences for spreading misinformation are likely to become more severe in the years to come.
