Social Media Use and the SOR

Notification Requirements for Social Media Use in Scotland

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This briefing note outlines the legal requirements under the Sexual Offences Act 2003 (as amended) in Scotland for individuals subject to notification requirements (commonly referred to as being on the "sex offenders' register") regarding their use of social media and online aliases.

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The notification requirements related to online accounts and aliases apply universally to all individuals on the "sex offenders' register" in Scotland, regardless of whether their offence involved the internet. It’s crucial to comply fully, as failure to do so can result in severe legal consequences.

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What Are Notification Requirements?

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Notification requirements are legal obligations imposed on individuals convicted of sexual offences. These obligations are designed to allow the police to monitor an individual's activities, to know their whereabouts, and who they associate with.

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Anyone subject to these requirements must provide specific information to the police, including details of their name, address, and certain activities, as well asany changes to this information.

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Social Media and Online Accounts

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Under Section 83(5)(h) of the Sexual Offences Act 2003, individuals subject to notification requirements in Scotland must provide details of:

• Any usernames or aliases used online, including those for social media platforms (e.g., Facebook, Instagram, Twitter/X, TikTok, BlueSky etc.).
• Email addresses or any other online identifiers used to create, access, or interact with online platforms.

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Key Legal Obligations

1. Reporting New Online Accounts or Changes:
    
   • If you create a new social media account, change your username, or adopt a new alias, you must notify the police within three days of the change.
    
   • Failure to do so constitutes a criminal offence and may result in prosecution.
 
2. Disclosing All Online Accounts:
    
   • You are required to disclose all online accounts, including dormant or infrequently used ones. Omitting an account can lead to enforcement action.
 
3. Providing Accurate Information:
    
   • You must ensure all disclosed information is accurate and up to date. Intentionally providing false information is a criminal offence.
 
4. Regular Monitoring by Authorities:
    
   • The police may verify your online activity to ensure compliance.  This could include cross-referencing disclosed information with activity on social media platforms. It is unclear how much time the police spend monitoring social media accounts but the fact that it is a criminal offence, punishable by up to five years in prison for failure to inform the police that you no longer use a social media account is indicative of the time that the police commit to the process. As unbelievable as it may at first sound - if you delete an account, and you don’t inform the police that you deleted it, you can face a fine, being given a Sexual Harm Prevention Order, or up to five years in prison.

What Counts as an Alias?

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An alias includes any name or identifier that you use online, which is not your legal name. This could include:

• Screen names or handles on platforms such as TikTok, Instagram, or Reddit.
• Pseudonyms used for email accounts or gaming platforms.
• Any names used on encrypted or messaging services like WhatsApp, Telegram or Discord.

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Implications of Non-Compliance

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Failure to meet these requirements is a breach of the Sexual Offences Act 2003 and is taken seriously by Scottish courts. Consequences can include:

• Arrest and prosecution.
• Possible imprisonment for up to five years.
• Further restrictions imposed through Sexual Harm Prevention Orders (SHPOs) or other measures.

Additional Advice

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Because of the devastating consequences that could arise from a very easy-to-make mistake in a complex and unclear system of obligations and notifications, you can never be too careful, when it comes to the notification demands.

1. Seek Guidance from your SOPU Officer:
       If you are unsure whether a username or alias needs to be reported, consult your supervising officer.
2. Avoid Ambiguity:
       It is better to over-report than to risk breaching your notification requirements. Disclose any platform or account you use, even if you only use it sporadically.
3. Understand the Consequences:
       It might seem like a trivial matter, and some people will likely see it as massively disproportionate in relation to their offence, but the law is clear, on-compliance can have a seriously detrimental effect on your life. Breaches of notification requirements can result in being dragged through the courts. Even if the presiding sheriff is sympathetic and punishment is relatively lenient, you risk having the story plastered all over the local, if not national press.

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Conclusion

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Staying compliant with notification requirements is crucial for anyone subject to them. The legal framework in Scotland ensures that all online activities are subject to monitoring as part of a person’s supervision. Understanding your obligations and seeking guidance if needed can prevent breaches and keep you safe from further criminalising effects.

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For further questions, contact Next Chapter Scotland on our designated Sexual Offences Helpline email address – sohelpline@nextchapterscotland.org.uk