Arrests for sending offensive messages online have soared this year with an average of five people a day being detained across Merseyside.

A staggering 1,515 people across the region were arrested for sending offensive messages online between January and October this year, exclusive figures show.

That’s up from 997 arrests throughout the whole of 2017.

However despite the surge in arrests only 64 cases have resulted in a person being charged with an offence - just over 4% of the total.

What Crimes were people arrested for?

The crimes which make up offensive online messaging take many forms including a bomb threat hoax.

Below is the breakdown of the number of people arrested on suspicion of each offence:

Crime Arrests
Malicious Communications 679
Harassment 574
Court Order Breach 91
Cyber Stalking 53
Disclosure of private sexual photos or films with intent to cause distress (Revenge Porn) 44

'There is a lack of understanding'

The rising number of arrests and decline in charges has led to condemnation of the police for cracking down unnecessarily hard on online speech.

Jodie Ginsberg, CEO of free speech organisation Index on Censorship said: “I think it reflects a nervousness among police officers about
what's being said online, and often a lack of understanding about what is and isn't allowed.
“Obviously the CPS have issued guidelines, but if the number of arrests are on the increase and the charges are falling it shows there is a lack of general understanding among the public and police about what is and isn't a crime."

She added: “People could be inhibited from speaking freely cause they're concerned they'll get a knock on the door from a police officer.
“There is a huge conflation between what's offensive and what’s illegal.
“Part of that is enhanced by a narrative among politicians that conflates the two things.”

Merseyside Police have been contacted for comment.

What is the law around offensive online messages?

Section 127 of the Communications Act 2003 makes it illegal to send a “grossly offensive or of an indecent, obscene or menacing character” over a public electronic communications network.
Offences are also recorded under the Malicious Communications act 1988, which makes it illegal to send threats, indecent or grossly offensive messages online or through the post.

Freedom of Information requests sent to police forces across the UK show that there has also been a rise in malicious communications
arrests by other police forces across the country.

The Law Commission recently published a report on abusive and offensive online messages.
It was asked to assess whether the current criminal law treated online and offline offenses equally.
In its conclusions, the commission wrote: “Abusive online communications are, at least theoretically, criminalised to the same or even a greater degree than equivalent offline offending.”