People inciting disorder online ‘can be as guilty as rioters’, legal expert says
Mark Jones warned that anyone who encouraged violence could face prosecution, even if they were not present at the scene.
Anyone who posted on social media assisting or encouraging the disorder on Britain’s streets in recent days could be prosecuted over the violence, even if they were were not at the scene, a legal expert has warned.
Mark Jones, partner at law firm Payne Hicks Beach, said individuals “do not need to be present when the crime itself is carried out, yet can be as guilty as the person who commits the crime itself”.
The warning comes as Sir Keir Starmer said anyone whipping up violence online will face “the full force of the law”.
Mr Jones added: “People who assist or encourage another, or others, to commit a crime are known as accessories or secondary parties.
“They do not need to be present when the crime itself is carried out, yet can be as guilty as the person who commits the crime itself.
“In other words, you have a principal who carries out the offence and the secondary party who assists or encourages the commission of the offence by the principal.
“Secondary liability principles can be applied to most criminal offences, with offences of violence and public order being common examples.
“Social media provides a platform for people to misbehave and to commit acts which are criminal. It is necessary to look beyond the use of social media as the medium and to the offence being committed.”
It will require social media firms to take more robust action against illegal and harmful content and activity on their platforms.
Earlier on Monday, Home Secretary Yvette Cooper said the Government would not tolerate “armchair thuggery” and that social media platforms needed to take responsibility for the spread of online misinformation which has fuelled much of the disorder.
Social media sites have been criticised for not doing enough to tackle the spread of disinformation, particularly since the stabbings in Southport last week.
None of the major platforms has yet commented on the misinformation and disorder in Britain, but in their site rules many commit to working with police and other law enforcement agencies as part of their response to harmful content.
