The UK Computer Misuse Act 1990 and its application to cases of technology-facilitated abuse

Online abuse is one of the most pressing challenges for our digital society. This is best demonstrated in the context of domestic violence. Different forms of intimate partner violence (IPV) continue to affect over two million UK adults (Office for National Statistics, 2019), with estimates suggesting that nearly 85-100% of victims/survivors are subjected to some form of technology-facilitated abuse (Suzy Lamplugh Trust, 2021; Women’s Aid, 2018). Tech abuse describes the subversion of “every day” digital technological systems (computers, smartphones, apps, cameras) to coerce, control, and harm a person or groups of individuals. It includes offences such as image-based sexual abuse (“revenge porn”), cyberstalking, and GPS-tracking (McGlynn, Rackley, & Houghton, 2017; Stevens, Nurse, & Arief, 2020). It exposes victims/survivors and their children to all types of physical, emotional, and financial harm.  

Yet, tech abuse is not a domestic abuse offence per se. Instead, activities such as hacking into someone’s phone, tracking one’s online behaviour or installing malicious software (i.e., spyware) are offences that can also fall under the CMA. While this piece of legislation is conventionally associated with unauthorised access to computer material for (say) financial and monitory gain (i.e., “cybercrime”), the Act may also be used to prosecute IPV tech abuse offenders.  

In this upcoming webinar, we will summarise the outcomes of one of the first studies to explore the relevance and applicability of the CMA for cases of domestic abuse. The research project was funded by the UK Home Office Domestic Abuse Perpetrators Research Fund and examined the occurrence and prevalence of tech abuse in court cases prosecuted through the CMA in England and Wales. 

Practitioners working for voluntary and statutory organisations such as the College of Policing/law enforcement representatives, domestic abuse charities, the Crown Prosecution Services/legal professionals, as well as policy officials and researchers, are invited to this presentation in which the research team will outline how the use of technology in domestic violence cases has evolved over time, give recommendations for people working with victims/survivors, and discuss the next steps that are planned to continue this pressing piece of work. 

Image by Philipp Katzenberger on Unsplash