Encouraging or Assisting Serious Self-Harm (Section 184 Online Safety Act 2023)

Encouraging or Assisting Serious Self-Harm is an offence under s.184 Online Safety Act 2023, in force from 31 January 2024. A person (D) commits the offence if D does a relevant act capable of encouraging or assisting the serious self-harm of another person, and D's act was intended to encourage or assist the serious self-harm of another person (s.184(1)). D does a relevant act if D communicates in person; sends, transmits or publishes a communication by electronic means; shows a person such a communication; publishes material by any means other than electronic means; sends, gives, shows or makes available such material or any form of correspondence; or sends, gives or makes available an item on which data is stored electronically (s.184(2)). "Serious self-harm" means self-harm amounting, in England and Wales, to grievous bodily harm within the meaning of the Offences Against the Person Act 1861, and includes successive acts of self-harm which cumulatively reach that threshold (s.184(3)). The other person need not be a specific person known to or identified by D (s.184(4)), and the offence may be committed whether or not serious self-harm occurs (s.184(5)); it does not matter whether D created the content, so forwarding another person's message or sharing another person's post can suffice (s.184(7)). A provider of an internet service by means of which a communication is sent is not regarded as the sender (s.184(10)). Maximum sentence: on summary conviction in England and Wales, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020, s.224(1A)(b)) or a fine (or both); on conviction on indictment, imprisonment for a term not exceeding 5 years or a fine (or both) (s.184(14)(a), (d)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Officers should preserve all digital evidence: screenshots, URLs, message histories, platform data. Contact the relevant social media platform or internet service provider to request data preservation. Safeguarding of the victim is a priority: refer to mental health crisis services and consider whether the victim requires immediate medical attention. Digital forensic examination of devices may be required. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).