UK Government's Response to Petition to Repeal Section 127

On the 13th of April, a petition was submitted to the Parliament’s website to repeal Section 127 of the 2003 Communications Act and to expunge all convictions handed out under this law. The petition highlights that in the last decade, there have been many prosecutions over “grossly offensive” material posted online. As this often extends as far as “jokes and petty arguments on the internet,” the fight to repeal Section 127 has become a major free speech issue.

Since it was created, as of the 31st of May, the petition has gathered over 16 thousand signatures. The threshold for obtaining a government response had been reached and on the 21st of May, the government offered the following reply:

The Government recognises the importance of free speech, particularly in the context of online communications.

Current UK legislation protects the right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). However, this right is qualified and may be restricted in some circumstances, including where there may be a serious intent to cause harm or incite hatred against others.

We are committed to ensuring the criminal law keeps pace with changes in technology, while also taking into account harmful communications online. Against this background, the Government has asked the Law Commission to review existing laws related to harmful and abusive communications online. This review is considering sections 127(1) and 127(2) of the Communications Act 2003 and section 1 of the Malicious Communications Act 1988, determining whether these laws need amending and updating with new offences to account for a range of harms online including pile-on abuse, cyberflashing and self-harm.

Existing communications offences are important for protecting people from criminal activity, including online. However, we recognise that some elements pose problems, including vagueness in terms such as “grossly offensive, “obscene” and “indecent”, which the Law Commission highlights in their consultation paper. The Law Commission’s proposals are therefore an important step towards addressing such limitations.

The Law Commission has now consulted on provisional proposals for reform. They will publish final recommendations by the summer, which the Government will carefully consider. Subject to final proposals, the Government may be minded to take these forward into legislation, where necessary and appropriate to do so. When considering potential reforms, we will guarantee strong protections for citizens from harm while upholding the right to freedom of expression.

Department for Digital, Culture, Media & Sport

This response by the government was discussed on The Podcast of the Lotus Eaters #143 on the 31st of May, 2021.