Essay Writing Mills Illegal?

This is such an important topic I thought it warranted its own thread.

As there seems to be confusion about the new legislation, I have posted a summary which hopefully clarifies the law.

The Skills and Post-16 Education Bill received Royal Assent on 28 April 2022. It applies to England.

The new Act includes a variety of measures relating to the post-16 education landscape, including new criminal offences aimed at stopping "cheating services", often informally known as "essay mills".

In summary, there are two new criminal offences, namely:
an offence of providing or arranging a relevant service in commercial circumstances; and
an offence of advertising a relevant service to students.

A "relevant service" is defined as: "a service of completing all or part of an assignment on behalf of a student where the assignment completed in that way could not be considered to have been completed personally by the student".

ADDED

The Section of the Act relating to essay mills did not come into effect until July 2022. Although the legislation has only been in force a short while, monitoring of essay mills is already taking place. Social media, in particular Twitter, display adverts for essay mills often operating outside the UK. But this will not deter the authorities from taking action.

The person or entity advertising and/or providing the 'banned and illegal' service will be subject to penalties set out in the Act.
Taking any action to its logical conclusion, will result in enough information on students being disclosed, so that their university or other education establishment can be contacted. Clearly this will only apply to students ordering essays after July 2022.

There is a call for whistleblowers to help the authorities with enforcement. A former student and her friends are keen to expose cheats and frauds who blatantly ignore the law on various forums. They have been monitoring this forum and extracted posts by freelance writers and his recent clients. He seems to be the only one who flagrantly and persistently breaches the law. I thought it only fair to post this.

Thank you for the clarification about the law. It reads similar to a few other US state anti essay mill laws that I have come across but have not posted about yet. I'll be posting those in their own threads as well.

As I consider you an authority on this UK educational law and its application, would you happen to know if any student Hass been successfully aacused or has any university brought an action against an existing essay mill in the UK to date? Have the teeth of these laws been tested yet in any scenario?

@noted
quote 'It reads similar to a few other US state anti essay mill laws that I have come across but have not posted about yet. I'll be posting those in their own threads as well.' That sounds a useful and helpful thing to do.

It is early days yet as the English law has only been in force since July 2022.

The authorities are gathering evidence and have noticed some adverts on Twitter which are advertising these illegal essay mills.
A great deal of effort has been undertaken to get this law in force, so I am sure there will be prosecutions in time.

Just because some illegal writers and companies are based abroad, this will not deter the authorities from enforcing the law. Apart from scouring forums like this one, the authorities are calling for whistleblowers to contact them about any writers or companies whom they believe are breaking the law. As with everything else, it takes time and effort to build a case.

Actually, the new British law to which you're referring expressly states that it doesn't target or criminalise students, at all. In fact, it specifically does the exact opposite, "...to ensure that students that use essay mills are excluded from any liability by virtue of this legislation." (p.58)

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1035459/Skills_and_Post-16_Education_Bill_November_2021_policy_notes.pdf

Will this new legislation criminalise students who use these services?
No.The offence is intended to target those providing essay mills commercially - it will not
criminalise students who have used or are using these services. Though the students'
actions do still constitute cheating this is a matter for the institution they are enrolled at to
address. The Department for Education has been working closely with the Ministry of
Justice (MoJ) and the CPS to ensure that students that use essay mills are excluded
from any liability by virtue of this legislation. (p. 58)

In any case, as my most recent client from this forum has already indicated, I always strongly suggest and recommend to my clients that they use my work in ways that are consistent with applicable laws and with the honor codes of their institutions. They own the copyright to any work that I provide and I trust them, as autonomous adults, to make any related decisions for themselves and to know what's in their own best interests. You, of course, would have absolutely no way of knowing anything about my private communications with my clients.

https://essayscam.org/forum/es/ukessays-complete-waste-time-894/

This is the part I am wondering about. Since the essay mills use the cover of protection that being located in a different country provides, how will these criminals be held accountable for their actions? Will the students be able to use the law at least to prosecute the essay mills in the UK that did not adjust their form of business? Or have these essay mills already changed business targets to better adhere to the law? In which case, the only problem will be the lack of jurisdiction of the law over overseas writers and companies?

@FreelanceWriter

Where did I say that students were criminalised under this law? They will be dealt with under the Academic Misconduct Code set by their respective education establishments. Serious breaches of these Codes can lead to expulsion with zero credit and no refund of their fees.

Universities in England can be notified en masse of potential cheating, just by the date the student has posted on forums that they are seeking writing services, the subject matter, etc. This targeted response helps universities identify specific instances of cheating within a narrow timescale.

Advertising and providing illegal essay writing services is potentially catastrophic for students, leading to the destruction of their reputation and careers.
Students are not criminalised, otherwise I would have pointed it out since I am familiar with the law and you are not. In fact I'm not sure whether you are just dense or deliberately misunderstanding the law. Your persistent point about advising your clients not to hand in the work as their own and complying with university rules, is totally irrelevant, You could insert a thousand caveats and disclaimers, but this still makes the service you advertise and provide illegal in the laws pertaining to England. Have you finally got that?

He is using the loophole "the law is subject to interpretation" so he is intentionally misinterpreting the law, bending it to suit his business needs. He is acting on behalf of the defense. His own defense that is. He must have tried, but failed to become a defense attorney. It appears that he isn't very good at lawyering so he did not even try at it as his primary career.

You should learn what the concept of a "loophole" is before posting such breathtaking foolishness. The fact that (all) laws are obviously subject to interpretation isn't a "loophole." While you're at it, you should also learn what "interpretation" means, as well.


I didn't offer any kind of "interpretation" about anything, whatsoever, much less "bend" anything. The PDF file to which I provided a link and from which I posted a verbatim quote is the 82-page "Skills and Post-16 Education Bill Policy Summary Notes" document published by the UK Department for Education to provide public guidance and answer questions about the new law, which, of course might explain that whole gov.uk/government part of that link.

The most important takeaway for UK students is that the UK Department for Education itself specifically states that the law will never be used against any students or customers of the entities that it prohibits and that one would have to be a real idiot to either suggest or believe that any British "authorities" are busy scouring online forums to piece together the posts of totally anonymous users to identify customers of essay companies to notify universities "en masse" about violations. It's not like anybody is actually dopey enough to post using his own name or that of his academic institution or the actual titles of any courses involved or any assignment-specific details and due dates.

The truth is that the law about which you're both going on and on about changes absolutely nothing for any students -- even UK students -- at all. Submitting work produced by others has always been a violation of university honor codes; but no "authorities" in England, or elsewhere, are going to start trying to identify any students using prohibited services. To the extent it is enforced, it will be exclusively against the commercial entities that it prohibits, and nobody is ever going to intrude on the privacy of students by authorizing the harvesting of any information posted by any students, even for that purpose, let alone to furnish that information to their academic institutions "en masse." The UK Police and Crown Prosecution Service are law enforcement organizations that investigate and prosecute crimes; they're not engaged in the enforcement of any university honor codes, either directly or indirectly, such as by furnishing evidence gathered in criminal investigations to universities in connection with enforcement of their honor codes.

@FreelanceWriter

Extract from website of University of Liverpool.

What does the ban mean for students?

Following the latest legislation, Essay Mills are now illegal and you should not engage with or respond to their advertising.

In line with our Academic Integrity policy, students should not use any material provided as a result of an Essay Mills service in completing all or part of the assignment. Please be aware that while it is not a criminal offense to make use of a contract cheating service, this is deemed as 'severe academic misconduct' and could lead to disciplinary action by the University.

What should I do if targeted by Essay Mills?

Essay Mills will often disguise themselves as 'proofreading', 'tutorial' and 'academic support' services. They may target you via email, text, pop-up and social media advertising.

If you receive this type of marketing you should:

Delete it immediately
Do not use click though links
Do not offer any personal information or contact details

If you need any academic or assessment support, please also remember that you can contact your School Office. You can find a range of online resources in the Know How area on Canvas and KnowHow also offer in person workshops to support the development of academic skills. As a starters, all students should complete this KnowHow tutorial to find out more about what academic integrity is and why it is so important. The Liaison Librarian for your subject can offer specialist subject support when researching for your assignments. You can book an online appointment with a Liaison Librarian online.

FW 'The truth is that the law about which you're both going on and on about changes absolutely nothing for any students -- even UK students -- at all.' Totally false again. It changes everything because the advertising and operation of essay mills (which accurately describes you), are now illegal in England. As a result of this law which criminalises the likes of you, information will become available as a result of enforcement of the criminal law, which can be passed to universities. This will help universities identify students who have cheated by using your services, for example. It's not scaremongering on my part.

You know absolutely nothing about British law. There are statutory and common law freedom of information requests that universities or anyone can make to obtain information. There is increasing collaboration and co-operation between public bodies within England to stamp out such cheating.

You are openly and brazenly breaching the Skills and Post-16 Education Act 2022, which is a crime under English law.

That's precisely what you're doing.


Perhaps, not quite as familiar as you think; otherwise, you'd realize that the law applies only to entities actually located in England and Wales. According to the same UK Department for Education document linked above: "The Bill extends to England and Wales and applies in relation to England only. In practice, this means that the offences can be committed in England and Wales ..." (p.57) So that law is totally inapplicable to me, on its face. It's also totally inapplicable to any students, even in England and Wales, because the UK Department for Education specifically says that it will never be enforced against students or other customers of prohibited entities.

I don't know what's more stupid: your suggestion that British authorities are going to be cross-referencing the "dates" that totally anonymous users are asking general questions about finding trustworthy writers and essay companies to notify universities "en masse" about possible violations or Noted's completely ridiculous claims that some universities are now making "allowances" for ghostwritten assignments and that some professors are actually writing essays for students in (other professors') courses, because professors are "falling on hard times."


(Post #7)


(Post #9)

As usual, when I simply tried to ask Noted for the source of the information in his claim, he responded with indignation and told me that it was up to me to find that information about his ridiculous and totally made-up nonsensical claim for myself.


(Post #11)
https://essayscam.org/forum/wc/proof-cases-may-lead-american-companies-give-clients-1081/#msg85492

Likewise, I'm not expecting any kind of substantive response from you, either, other than (of course) more personal insults, totally unfounded fabricated accusations about me, and deflections, instead of simply providing the source of your made-up information about British authorities aggressively scouring online forums such as this one to try to identify students using prohibited services for the purpose of furnishing that information to universities "en masse." That's just a laughably stupid thing to suggest; if it isn't, simply share your source of that information.

@FreelanceWriter
FW quote 'So that law is totally inapplicable to me, on its face'.

Allow me to educate you in the law, yet again.
October 2021. Australia's higher education regulator has won a court injunction against a foreign essay mill, in the first exercise of a 2020 law that prohibits contract cheating services.

timeshighereducation.com/news/first-blood-australian-contract-cheating-law

The regulator revealed in May 2021 that it had identified a test case to trial its newfound powers. It said at the time that the case would be submitted to the Federal Court "to test the legislation and inform our subsequent approach".

The regulator said it was the first time it had taken action of this kind under a 2020 amendment to its legislation. " Tertiary Education Quality and Standards Agency (Teqsa) selected this website because we believed we were able to demonstrate its operators were in breach of Australian law," chief executive Alistair Maclean said.

The equivalent English law is in its infancy, but it may well look to a foreign based company or foreign based individual to pursue as a test case. Perhaps it will look to America for such a test case, particularly if a company or individual is acting illegally and has been notified to the authorities.

I can understand the frustration @FreelanceWriter
FW quote 'So that law is totally inapplicable to me, on its face'. But it is important to remember that laws are in place to protect individuals and society as a whole. It is reassuring to see that actions are being taken to address contract cheating services, and that regulatory bodies are using their powers to enforce the law and protect the integrity of education. It is crucial that we continue to hold individuals and companies accountable for their actions, regardless of their location or nationality.

@leatha_hahn
The main problem is that the laws are difficult to enforce when the writer is overseas. Such as in the case of FLW. He uses the cloak of international jurisdiction as his protection when advertising his services and soliciting students for work. If he decides at any time to turn on the student, the student, who is more than likely not locate in the USA or in New York, where he resides, will not be able to run after him in the courts. He is free to do as he pleases because of that loophole. There are no laws that cross countries to hold any writer, not just FLW, liable for any negative actions they may enact upon the students using their services.

As an experiment I typed Essay mills are banned in England into an A1 Essay Writer. I am impressed with the response.

"Essay mills are companies that provide students with pre-written essays for a fee. These services have been a growing concern in the academic community, as they encourage plagiarism and undermine the integrity of education. In response to this issue, England has recently banned essay mills.

This decision is an important step towards ensuring academic honesty and fairness. By prohibiting these services, universities can better protect their students from the temptation to cheat and maintain high standards of academic excellence.

However, it is important to note that this ban alone will not solve the problem of academic dishonesty. Students must also be educated on the importance of original work and proper citation practices. Additionally, universities should provide resources for students who may struggle with writing or time management.

Overall, the ban on essay mills in England is a positive development for academic integrity. It sends a clear message that cheating will not be tolerated and encourages students to take responsibility for their own learning".

The use of essay mills absolutely is not a violation of the above-referenced law, because it doesn't apply to students, at all; it only criminalizes the furnishing of academic essays by essay providers. In fact, the UK Government could not possibly have made it more explicitly clear that students using illegal essay mills are completely excluded from any related liability, which it addressed quite directly in its own policy guidance at the time the law was first proposed in 2022. So, unless you're a provider of academic essays, that law doesn't apply to you in any way, shape, or form.

Here's exactly what that policy guidance says on p. 58:

"Will this new legislation criminalise students who use these services? No. The offence is intended to target those providing essay mills commercially - it will not criminalise students who have used or are using these services. ... The Department for Education has been working closely with the Ministry of Justice (MoJ) and the CPS to ensure that students that use essay mills are excluded from any liability by virtue of this legislation."

No need to take my word for any of this, either, because you can just check the policy guidance, yourself.

assets.publishing.service.gov.uk/media/619d1516e90e0704439f41c7/Skills_and_Post-16_Education_Bill_November_2021_policy_notes.pdf

The legal language tends to be very broad for a reason. I wonder if by "essay mills" they also mean authors for hire / freelancers?

Yes, they do. As long as one is involved in the academic writing business, the law covers you. It does not selectively apply. Rather, it applies to all of those involved in academic essay writing and research. A consultancy, if it is a legitimate one, is a different case.

Obviously, it does, because what the Act actually says is "It is an offence for a person to provide..." You're confusing the language in the Act, itself, and the language in the UK Government's guidance document, to which I posted a link in Post # 15 above, which refers only to "essay mills." My point was that the only criminal liability under the Act applies to providers of essays and not to students or anybody else who purchases academic essays.