Essay Question
The Ministry of Justice policy on “Prisoner Communication Services” (PSI 49/2011) prohibited prisoners in custody, including those on temporary release from prison, from accessing social networking sites.
Outline the current domestic legislation which grants the executive power to pass policies detailing the treatment and rights of prisoners, and discuss the relevance of the Human Rights Act 1998 and decisions of the European Court of Human Rights when interpreting that legislation and those policies.
Critically assess the policy set out in PSI 49/2011 with reference to domestic and supranational legal sources as well as relevant academic commentary.
Following a number of guidelines, rules and regulations runs the prisoners and prisons. The Prison Service Orders (PSO) and the Prison Service Instructions (PSI) generally outline all such regulations like the 2011-76 Prisoners Earnings Act 1996, 2011-49 Prisoner Communication Services, etc. The First United Nations Congress on the Prevention of Crime and the Treatment of Offenders stated that standard minimum rules regarding contact of the prisoners with outside world includes communication with their family and certain friends under proper supervision at regular intervals by receiving visits and also by correspondence. Also prisoners shall be regularly informed about important news by providing them with newspapers, special publications or such periodicals, lectures, wireless transmissions, etc. under supervision. As per Prisons Act 1952, Prisoners have certain basic rights which will be there despite they are imprisoned. The fundamental right is the access to courts and also respect for one’s integrity. These should not be assaulted at all. Prisoners loose only those civil rights which are taken away by the statute and they do not have any right to vote as well.
Recently a case was taken up by the Prisoners Advice Service regarding a prisoner X who wanted to post some content on his personal social media account in Twitter, but had been refrained from doing so. His content to be sent out included awareness regarding and support for the campaign he had been running against conviction. He did not have direct access to his twitter account, which was managed by his friends. Upon such refusal, the prison resorted to relief under the section 12.11 of the Prison Service Instructions 49/2011, which very clearly states that prisoners are not allowed to contribute or access any social media site with the help of a third person when such person is in custody.
The Prisoner Service Instruction (PAS) argued that X was using his personal account not as a social media site, instead like a micro-blogging platform. The section 11.3 (j) (iii) of the Prisoner Service Instructions 49/2011 mentions that any content to be published with the help of radio, Internet or television if contains information about the crime of the prisoner itself or any of his past offences, except in the case of information regarding sentences or convictions, or a part of any such serious crime or conviction.
In the United Kingdom the Human Rights for prisoners have for years been a topic of contention. Some people believe that there should be access to some human rights for all the prisoners, regardless of their present or past deed.
Whereas on the other hand some people very strongly put forward the fact that those who have committed any crime, have violated basic human rights, thus anyone who has been found guilty of a crime, need to revoke their human rights also. However the case may be, when a person is sentenced to jail some of his rights will automatically be compromised with.
Under any situation some rights are always provided to an individual like the right to water and food, education, healthcare, a solicitor, communication outside of the prison, follow religion, start a family, discrimination, etc. The European Commission on Human Rights stated that the human rights of prisoners can be compromised depending on the situations. For example when it comes to contact with the outside world, the prisoners do not have any access to the Internet, mobile phones or computers. Also they are not allowed to use or access any social networking sites. This also means that no one can post any updates on the personal account of a prisoner on any social site on his behalf.
Article 10 European Commission on Human Rights states that everyone has a right to freedom to hold opinions without the interference of any authority. On exercising such freedoms, the law may prescribe some restrictions, conditions, etc. keeping in mind the interest of the public like safety, national security, etc. In the case referred to above, X was ready to get the content that he wanted to post on his Twitter handle to be first checked by the prison, which was at par with the Prisoner Communication Services rule. In this case it was thus agreed that there was no need for imposition of ban on his twitter update as X was complying with the rules. The Policy Lead of the Equality, Rights and Decency Group of the NOMS told X that he could put up status on his personal Twitter account if he wants to make any serious representation regarding conviction, provided the contents did not breach any rules.
If any prisoner wishes to utilize his social account regarding any serious representation regarding a sentence or crime, the judicial system, etc. the prisoner has the right to seek permission from the prison for it. He can resort to legal help if the prison refuses.
It is the age of digital communication and social media. But the inmates of a prison are barred from accessing all social media. This has been presented clearly in the Prison Service Instruction [PSI 49/2011] known as the Prisoner Communication Services. Being the age of digitalization, people often think prisoners shall have access to social media and thus reach out to a larger audience. Whereas, everyone who is in prison is barred from accessing any social networking media be it Twitter or Facebook. Not even the family or friends of such serving cons can access their accounts on their behalf.
In the year 2012 the Ministry of Justice (MOJ) along with the National Offender Management Service (NOMS) initiated all the rules when a group of prisoners posted pictures of themselves laughing and enjoying in their cells. Tabloids like the Daily Mail and The Sun stated those pictures as proof that the security in the prisons was very relaxed. This led to setting up of such new laws by the MOJ.
In very rare cases are the prisoners given direct access to the Internet. The only exceptions include D-cat prisoners who have the permission to go to Internet cafes or local libraries when they are granted with the Release on Temporary License (ROTL). The ROTL can be granted for few days or when the prisoners are granted leave for maximum 4 days to go home. Even in such case they are strictly banned from using any kind of social media, especially Facebook. The security department of the prison continuously monitors this. However, it has been seen that serving prisoners can often pass out notes written by hand to their family and friends who can post it on social media on their behalf. This can only be done if the message is not offensive or threatening in any way.
There have been quite a few famous bloggers who have blogged while sentencing prison like Adam Mac from HMP Wakefield, John (Benn) Gun and Erwin James to name a few. Adam Mac in one of his blog posts states that one of the most discussed problems in prisons are that of prison communication.
The NOMS Agency Board PSI 49/2011 states that under Prisoner Communications, the prisoners are allowed to communicate with their friends, family and legal advisers. Also there are minimum statutory requirements in the case of written letters, including special letters. However they are restricted from sending any such letters or any information that is deemed to be illicit. Article 12.11 states that prisoners are not allowed to access any social website, even with the help of a third party, while they are in prison. This also includes prisoners who have been temporarily released from prison. Prisoners can access Internet only when they require help for educational and resettlement purposes. If any prisoner is found to be active on Facebook the matter is to be immediately bought to the notice of the security manager of the prison.
The Stack mentioned that the Chancellor George Osborne mentioned in the Autumn Statement that the UK prisons are contemplating the launch of technologies that will help in the blocking of mobile phones and Internet in prisons. This step has been taken to prevent the inmates of prisons from accessing calls and Internet from mobile phones in an attempt to improve the Prison Service of the country. The Ministry of Justice stated that this would involve investment of about 1.3 billion euros. This strategy has been devised in order to improve their safety measures by barring the use of illicit mobile phones. Between the years 2013-14 more than 7400phones and SIM cards have been seized by the National Offender Management Service (NOMS) from prisons across Wales and England.
As per Prison Act 1952, every prison shall have a governor, and a medical officer and such other officers as may be necessary. Every prison in which women are received shall have a sufficient number of women officers.
In prisons all landline calls are continuously monitored, but it has been seen that calls made from mobile phones often go under the radar. Such phones are being utilized in order to import drugs and firearms, for arranging murder and also for planning of coordinated escape by organized serious criminals. As claimed by the Ministry of Justice these measures will reduce availability of drugs and such other illicit substances, and also organized crimes happening in the prisons. The Ministry of Justice states that these measures shall reduce the cost involved in management of the prisons.
The National Offender Management Service (NOMS) states that paragraph 12.11 of the PSI 49/2011 has clearly stated that both prisoners serving their term in custody and also those who are temporarily out of the prison are restricted from accessing social network sites even with the help of a third party. If in an open research it was discovered that the SNS profile of the prisoner was active or had been updated during his custody, the staff of the CAB are entitled to immediately make contact with the provider of the SNS service and take appropriate actions. The Prison cannot directly contact the SNS provider. They need to take assistance of the CAB.
The Article 8 of the European Court of Human Rights deals with the retention and protection of the personal data of an individual. It states that no public authority has the right to interfere, except when it is considered to be necessary and in interests of public safety, prevention of crime, protection of morals, freedom and rights of public and also national security. The Internet has given rise to the need of constant surveillance to track the entire online communication happening. The European Court of Human Rights has often brought forward the topic of telephone calls and use of Internet services being used by the prisoners to be monitored by public authorities.
The Article 10 of the European Court of Human Rights deals with the Freedom of Expression. However Article 10 clearly states that there are a few exceptions to freedom of expression. It can at no cost lead to defamation of any individual. Also no individual under prison sentence is allowed to access social media to post anything that goes beyond the Article 10. It is the basic Human Right of an individual to express his opinions. But in the case of a person serving his term in prison some of his Human Rights are automatically withdrawn. He is not allowed to use the social media for matters related to his conviction.
Conclusion
In fact the use of social media while in prison or even during the temporary release from prison is completely prohibited by the laws of UK. A public authority has all the rights to interfere the prisoner from doing so. However, there are some exceptions to the case. Some prisoners do have special permission to blog or access Internet for educational and resettlement purposes.
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