New law comes into effect: Open letter to self-harm support community

To: Scotland’s self-harm support community

From: Mental Wellbeing Minister Maree Todd 

I am writing to let you know that the offence of encouraging or assisting serious self-harm under section 184 of Online Safety Act 2023 has come into force today. This new offence criminalises the sharing of material intended to encourage and assist the serious self-harm of others and we consider it will act as an effective deterrent to people communicating harmful or malicious messages.

We all know that self-harm is a complex and sensitive issue, and that for many people it is a response to emotional distress and trauma. As such, any criminal law solution must be carefully considered. To support our consideration of this new offence, the Scottish Government has engaged extensively with a range of organisations, and directly with people with their own experience of self-harm, to understand the benefits and potential implications of this offence. I wish to take this opportunity to extend my sincere gratitude to all of you who took the time to share your experiences and views with us.

As part of this engagement we heard the following key themes:

•  For many people who self-harm, online spaces can offer a vital lifeline, especially for people who experience stigma and discrimination. Online support helps to reduce feelings of isolation, provides helpful advice and information, and offers access to key national services and peer support.
• People affected by self-harm can be exposed to significant risks when accessing information or support online. This can mean that people who are already vulnerable experience harmful and malicious content, which in turn can lead to serious injury, and in some cases suicide attempts.
• Concerns that this new law could criminalise vulnerable people who simply seek to share their own experiences of self-harm online.

This feedback has been extremely helpful, and the Scottish Government recognises the need to balance creating a safe online environment for people at risk of self-harm, alongside facilitating compassionate and effective support, which includes online support. I would like to reassure you that this new offence only targets the deliberate encouragement or assistance of serious self-harm and those who intend by their act to cause another person to serious self-

harm. Also, the scope of the offence is narrowly defined with a high threshold in order to only criminalise acts which could result in serious self-harm (defined in section 184 as “severe injury”).

We are therefore confident that this legal framework both:  

• Ensures people who share their experiences of self-harm, or simply discuss the issue (without the intention of encouraging or assisting serious self-harm of others) will not be at risk of committing a criminal offence, and

• Allows the provision of valuable online support and services to continue.

In terms of the offence itself, it may be helpful to highlight that the offence can be committed either online, in correspondence or publications, or through in-person communication. It includes encouraging or assisting harmful behaviours where they meet the threshold of serious self-harm and - depending on the facts and circumstances of the particular case - could include encouraging someone to not eat, not drink or not take required prescription medication. Persons found guilty of this crime can face up to 5 years in prison. The Scottish Government will continue to work with Police Scotland to monitor the use and impact of the self-harm offence as a means to keep people safe from harm.

Finally, I would like to touch on the Government’s overall approach to supporting people affected by self-harm. We consider this new offence aligns and complements our ambitious approach on self-harm, which is laid out in our dedicated Self-harm Strategy and Action Plan, which we published jointly with COSLA on 28 November 2023. The strategy sets out our vision for people who have self-harmed, or are thinking of self-harming, to receive compassionate, recovery-focused support, without fear of stigma or discrimination.

I wholeheartedly believe that this new offence, alongside our new Strategy and Action Plan, offers a real opportunity to demonstrate Scotland’s ambition to improve our responses and support for people who self-harm.  A critical part of that is ensuring people are protected from harmful communications.

Thank you again for your continued work in supporting people affected by self-harm in Scotland.

Kind Regards,

Maree Todd MSP