'Greater Clarity' Needed On Consequences Of Social Media Abuse

Government officers will be asked to work with the police on new guidance to give greater clarity over Jersey's cyber-abuse, cyberbullying and trolling laws.

The issue was brought into the limelight last month when Deputy Inna Gardiner was sent an abusive message through Facebook.

She shared it in an attempt to stimulate debate and lead to change in the way such communication is dealt with.

It has since been deleted after the Deputy received an apology.

Dear all, thank you for the support you sent me over the last 5 days.
It was a clear indication of your condemnation of social media abuse.
I have received an apology and therefore will remove previous message and all references to it from my social media.

— Inna Gardiner (@innagardiner) February 16, 2021

Senator Sam Mezec also said last month that he was disappointed that a threat of violence towards him didn't lead to a prosecution.

Disappointed to recently find out the AG will not be pursuing a prosecution on a clear case where I received a threat of violence.

There is no point in having laws in place to protect people if the prosecuting authority refuses to use those laws for their intended purpose.

— Senator Sam Mézec (@SamMezecJsy) February 11, 2021

Senator John Le Fondre says greater clarity and certainty on what is legal and illegal and the consequences perpetrators will face will hopefully lead to improved protection.

"It does seem to be that not only States members, but other members of the public, when they are in the receipt of such abuse do not seem to have had very much recourse in the past.

"There is always this balance between freedom of speech, but equally bullying and worse which I think we're seeing more and more of within the social media sphere."

Changes to the law in 2016 mean Jersey is able to prosecute those who send abuse online that was of a grossly offensive, indecent, obscene, or menacing nature.

Senator Le Fondre has suggested that one option could be to request the relevant authorities to introduce guidance on the decisions to prosecute for such behaviour on social media.

It was announced in December 2020 that Australia would introduce the toughest online trolling laws in the world, where people who post 'seriously harmful content' like death threats and revenge porn could be fined up to $110,000.

"The decision to prosecute is obviously not a political one and that's why I'm being very cautious about not interfering in that area, but equally, it needs to be very clear that in today's world it's (social media abuse is) not acceptable." - Senator John Le Fondre, Chief Minister.