Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will take steps to ensure the proposed offence of (a) encouraging or (b) assisting self-harm will not criminalise (i) people or (ii) charities providing support to affected people; whether she plans to issue guidance and training on the proposed offence to (A) police and (B) prosecutors; and if she will consult people with lived experience before drafting legislation.

Section 184 of the Online Safety Act 2023 gave partial effect to a Law Commission recommendation to create an offence of encouraging or assisting self-harm. The proposed new offence of encouraging or assisting serious self-harm intends to replace (in so far as it extends to England and Wales and Northern Ireland) that offence with a broader offence that can be committed by any means of communication, and in any other way (including, for example, direct assistance through the provision of bladed articles with which to self-harm). The person must have intent to encourage or assist the other person to seriously self-harm.

As with the current offence in the Online Safety Act, sharing experiences of self-harm or simply discussing the issue (including glorifying or glamourising self-harm), without an intention that another should seriously self-harm, will not be a criminal offence. We recognise the concerns of those offering support services that capturing such behaviour would potentially risk criminalising vulnerable people who merely seek to share their experiences of self-harm with no intention of encouraging others to self-harm.

The offence in the Online Safety Act comes from a Law Commission recommendation following a wide-ranging consultation and we will work with criminal justice agencies and others with an interest to update existing guidance and training to reflect the proposed expansion of the offence to include direct assistance to self-harm.