Online Safety Act 2023

Offence of encouraging or assisting serious self-harm

184 Offence of encouraging or assisting serious self-harm

(1) A person (D) commits an offence if—

(a) D does a relevant act capable of encouraging or assisting the serious self-harm of another person, and

(b) D’s act was intended to encourage or assist the serious self-harm of another person.

(2) D “does a relevant act” if D—

(a) communicates in person,

(b) sends, transmits or publishes a communication by electronic means,

(c) shows a person such a communication,

(d) publishes material by any means other than electronic means,

(e) sends, gives, shows or makes available to a person—

(i) material published as mentioned in paragraph (d), or

(ii) any form of correspondence, or

(f) sends, gives or makes available to a person an item on which data is stored electronically.

(3) “Serious self-harm” means self-harm amounting to—

(a) in England and Wales and Northern Ireland, grievous bodily harm within the meaning of the Offences Against the Person Act 1861, and

(b) in Scotland, severe injury,

and includes successive acts of self-harm which cumulatively reach that threshold.

(4) The person referred to in subsection (1)(a) and (b) need not be a specific person (or class of persons) known to, or identified by, D.

(5) D may commit an offence under this section whether or not serious self-harm occurs.

(6) If a person (D1) arranges for a person (D2) to do an act that is capable of encouraging or assisting the serious self-harm of another person and D2 does that act, D1 is to be treated as also having done it.

(7) In the application of subsection (1) to an act by D involving an electronic communication or a publication in physical form, it does not matter whether the content of the communication or publication is created by D (so for example, in the online context, the offence under this section may be committed by forwarding another person’s direct message or sharing another person’s post).

(8) In the application of subsection (1) to the sending, transmission or publication by electronic means of a communication consisting of or including a hyperlink to other content, the reference in subsection (2)(b) to the communication is to be read as including a reference to content accessed directly via the hyperlink.

(9) In the application of subsection (1) to an act by D involving an item on which data is stored electronically, the reference in subsection (2)(f) to the item is to be read as including a reference to content accessed by means of the item to which the person in receipt of the item is specifically directed by D.

(10) A provider of an internet service by means of which a communication is sent, transmitted or published is not to be regarded as a person who sends, transmits or publishes it.

(11) Any reference in this section to doing an act that is capable of encouraging the serious self-harm of another person includes a reference to doing so by threatening another person or otherwise putting pressure on another person to seriously self-harm.

“Seriously self-harm” is to be interpreted consistently with subsection (3).

(12) Any reference to an act in this section, except in subsection (3), includes a reference to a course of conduct, and references to doing an act are to be read accordingly.

(13) In subsection (3) “act” includes omission.

(14) A person who commits an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).