Part 10: Communications offences Offence of encouraging or assisting serious self-harm Section 184: Offence of encouraging or assisting serious self-harm
This section outlines the offence of encouraging or assisting the serious self-harm of another person.
	Subsection (1) provides that a person commits an offence if they do a relevant act capable of encouraging or assisting the serious self-harm of another person; and their act was intended to encourage or assist the serious self-harm of another person. Subsection (2) defines the means of communication by which a person "does a relevant act", which includes in-person or electronic communications, publications, correspondence, and the sending or giving of items with stored electronic data.
	Subsection (3) provides that "serious self-harm" means self-harm amounting to, in England and Wales and Northern Ireland, grievous bodily harm within the meaning of the Offences Against the Person Act 1861 and, in Scotland, severe injury; and includes successive acts of self-harm which cumulatively reach that threshold.
	Subsection (4) provides that the person committing the offence need not know, or even be able to identify, the person or persons who receive the communication. So, a person who intends that a recipient or recipients of their communication will seriously harm themselves is guilty of an offence, even though he or she may never know the identity of those who receive the communication. Subsection (5) provides that an offence can be committed whether or not serious self-harm occurs.
	Subsection (6) provides that a person who arranges for someone else to do an act capable of encouraging or assisting the serious self-harm of another person will also be committing an offence if the other person does that act.
	Subsection (7) provides that a person commits an offence under subsection (1) even if the content of their communication or publication was not created by them. For example, the offence may be committed online where someone forwards another person’s direct message or shares another person’s post, and it will also be committed where a person publishes a physical document such as a pamphlet or booklet even if they did not write the material.
	Subsection (8) provides that where a communication is sent, transmitted or published by electronic means and it includes a hyperlink to other content, the reference in subsection (2)(b) to a communication includes content accessed directly via the hyperlink.
	Subsection (9) provides that where a person sends, gives or makes available (i.e. places somewhere for a person to find) an item on which data is stored electronically the reference to the item in subsection (2)(f) includes content accessed by means of the item to which the recipient is specifically directed by the person sending, giving or making that item available. So, for example, if someone sends a person a memory stick containing material that is intended to encourage or assist them to seriously self-harm, they will commit an offence.
	Subsection (10) provides that an internet service provider does not commit the offence merely for providing a means through which others can publish content that is capable of encouraging or assisting serious self-harm.
	Subsection (11) clarifies that references to doing an act capable of encouraging or assisting the serious self-harm of another person include a reference to doing so by threatening another person or otherwise putting pressure on another person to seriously self-harm.
	Subsection (12) provides that an act capable of encouraging or assisting the serious self-harm of another person includes a course of conduct.
	Subsection (13) provides that an "act" of self-harm in subsection (3) includes an omission. So, for example, a person who encourages another person not to eat, not to drink or not to take required prescription medication would be captured by the offence.
	Subsection (14) provides that a person who commits the offence is liable: on summary conviction in England and Wales, to a term not exceeding the general limit in a magistrates’ court or a fine (or both); on summary conviction in Scotland, to a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); on summary conviction in Northern Ireland, to a term not exceeding six months or a fine not exceeding the statutory maximum (or both); and on conviction on indictment to a term not exceeding five years or a fine (or both).