The growing power of online communities is presenting a new set of challenges to courts, law enforcement officials and technology platforms across the globe. A case brought before the UK courts recently has brought those issues into stark relief after a man was jailed for urging a young person in the USA to take their own life. He did so via messages he sent using the popular chat service Discord.
The case received international attention as it proved the real-world consequences that can follow from the intangible nature of communication on the internet. Prosecutors alleged that the defendant's communications provided encouragement to a vulnerable person to take his or her own life, and that they went beyond informal communication and were indeed a crime.
The courts agreed, and imposed a custodial sentence which many have cited as a clear illustration of how established laws can be interpreted to cover harmful conduct on the internet.
The case also brought into focus the increasingly global nature of crimes facilitated by the internet, as people communicating from disparate jurisdictions and yet from instantaneous effect over the internet had to be pursued by law enforcement, prosecuted, and judges were made to address and adjudicate across these jurisdictional divides. The prosecution and legal analysis had to carefully sift through volumes of internet communication evidence.
Technology platforms, especially social media sites hosting user generated content have faced increased public and government scrutiny, as instances of online harm rise; they constantly struggle with the dilemma of providing free speech while at the same time ensuring the safety of their users, a balance made ever more difficult by the spread of cyberbullying, exploitation and threats through the internet and demands for improved moderation systems.
Those that advocate a more severe approach maintain that communications over the internet must be judged with the same severity as such speech offline, as they maintain that the anonymity offered by communication platforms allows for far greater levels of harm against individuals due to a broader reach to vulnerable individuals.
The verdict is likely to inform future cases relating to communications that encouraged self-harm or other criminal activities via online platforms; and, as people are more reliant than ever on the internet for daily communication, the courts face the ongoing dilemma of distinguishing between protected speech and conduct that causes crime.
Parents and educators continue to call for more awareness of safety online and the dangers it poses to children and young adults; there remain ongoing public discussions regarding the best way to keep people safe without curbing free expression through online platforms.
The verdict signifies to law enforcement that charges will be brought even if a criminal act has occurred through cross-border interaction using the internet, and the technology companies must acknowledge that their platforms play a part in real-world actions. As we continue to move further into the internet age, it seems likely that rulings of this kind will become the norm as standards regarding individual responsibility and public accountability continue to be shaped.