07 February 2020 02:36
A senior lecturer in law is of the view that the messages looked to be on the edge of legality Police Scotland and the Crown Office will determine whether David Mackay's messages to a 16-year-old schoolboy were illegal. The former SNP finance secretary's text conversations cannot be considered grooming because the boy is above the age of consent. It is possible that Mr Mackay could be in breach of the Communications Act 2003 for cyberstalking or online harassment. There is no legal definition for cyberstalking, nor is there any specific legislation to address the behaviour. Government guidelines state: "Cyberstalking is described as a threatening behaviour or unwanted advances directed at another, using forms of online communications." That includes sending threatening or obscene messages, spamming (where an offender sends the victim multiple junk emails) or harassment during a live chat.
Jim Gamble, former head of the