Jersey Police have dealt with six blackmail attacks using personal photos over the last five years - it's one example of more than 600 cybercrimes in that period.
The figures have been obtained under the Freedom of Information (FOI) law, and show that more than a third of cybercrimes were based on internet-based fraud, such as scams to extract money from unsuspecting victims.
There were also 89 crimes perpetrated by 60 offenders involving the making or distributing of indecent images of children using electronic devices.
110 cases involved to ‘cyberbullying’-style offences of causing harassment, alarm or distress. 2015 saw the highest level of cases at 33, while 19 have been reported so far this year.
Pictured: A total of 624 crimes with a 'cyber' element have been recorded by the States of Jersey Police since 2012.
Internet use in Jersey has been steadily increasing over the years, with nearly 80% of the population accessing it from home computers and laptops and around two thirds using smartphones and tablets. Writing in 2015, Law Commissioner Claire de Than commented that this increased usage “brings with it new legal challenges.”
Global prominence has been given to the issue of cybercrime over the years, following the suicides of UK teenagers following cyberbullying and an Italian woman who fell victim to ‘revenge porn’ – the sharing of explicit images of an ex-partner without their consent – last year. A recent study found that victims of cyberbullying are more than twice as likely to self-harm or attempt suicide.
There is currently no legislation in Jersey specifically criminalising ‘revenge porn’ or cyberbullying.
Nonetheless, those found guilty of threatening or abusive behaviour online can be prosecuted under the Telecommunications Law for abusive or threatening behaviour online. Such was the case earlier this year when a man was fined £1,000 for writing “shoot them” under a photo of three former refugees on Facebook.
Video: Victims of cyberbullying are more than twice as likely to self-harm or commit suicide. (University of Birmingham/YouTube)
In a report entitled ‘Being Anti-social on Social Media’, Advocate Matthew Maletroit argued that any new legislation on cyberbullying would have to consider the right to freedom of expression. “Just because the content expressed in a communication is in bad taste, controversial or unpopular, this is not in itself sufficient reason to engage the criminal law. Any restriction on freedom of expression must be necessary and proportionate,” he wrote.
Meanwhile, instances of revenge porn are likely to be covered by Harassment Law, which can carry sentences of up to six months’ imprisonment and a restraining order. Ms de Than suggested that Jersey should consider whether a new law is needed.
“The consequences [of revenge porn] may be particularly devastating in a small community, and such behaviour is far removed from that which existing laws were designed to tackle,” she wrote.
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