Sending Malicious Communications (Section 1 Malicious Communications Act 1988)

Sending Malicious Communications is an offence under s.1 Malicious Communications Act 1988. Any person who sends to another person a letter, electronic communication or article of any description which conveys a message which is indecent or grossly offensive, or any article or electronic communication which is, in whole or part, of an indecent or grossly offensive nature, is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated (s.1(1)). The former limbs covering threats and false information (s.1(1)(a)(ii) and (iii)) were repealed on 31 January 2024 by the Online Safety Act 2023, s.189(2). "Electronic communication" includes any oral or other communication by means of an electronic communications network and any communication (however sent) that is in electronic form (s.1(2A)); references to sending include delivering or transmitting and causing to be sent, delivered or transmitted (s.1(3)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding two years or a fine (or both); on summary conviction, imprisonment for a term not exceeding 12 months or a fine (or both) (s.1(4)). For an offence committed before 2 May 2022 the reference to 12 months is read as six months (s.1(5)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).