PART 10Communications offences
Offence of encouraging or assisting serious self-harm
I1I2184Offence 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).