In the age of social media, text messaging and instant online communication, words can spread quickly — and sometimes land people in serious legal trouble.
One of the most common laws used in these situations is Section 127 of the Communications Act 2003, which makes it an offence to send “grossly offensive” or “menacing” messages via a public electronic communications network.
In this article, we explain what Section 127 covers, what penalties you could face, and how Lostock Legal can help if you’ve been accused.
What Does Section 127 Say?
Section 127 of the Communications Act 2003 makes it a criminal offence to:
Send a message or other matter that is grossly offensive, indecent, obscene or menacing via a public electronic communications network.
Send a message you know to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another.
In practice, this law is most often used for social media posts, text messages, WhatsApp messages, emails or voicemails.
Examples of Section 127 Offences
Section 127 has been used in cases involving:
Abusive or threatening tweets and Facebook posts.
Menacing messages sent by text or WhatsApp.
Offensive voicemails.
“Prank” calls or messages intended to cause distress.
One of the most famous examples was the so-called “Twitter Joke Trial” in 2010, when a man was prosecuted for joking on Twitter about blowing up an airport. Although his conviction was later overturned, the case highlighted the serious consequences of online comments.
What Are the Penalties Under Section 127?
A Section 127 offence is usually dealt with in the Magistrates’ Court, but in some cases it can be referred to the Crown Court. Penalties include:
Up to 6 months in prison.
A fine of up to £5,000.
A criminal record, which can affect employment, travel and reputation.
Even if you avoid prison, the stigma of a conviction can be long-lasting.
Defences to a Section 127 Charge
Not every offensive or upsetting message amounts to a criminal offence. Possible defences may include:
Freedom of expression – the courts must balance Section 127 against Article 10 of the European Convention on Human Rights.
Not grossly offensive – the test is whether the message goes beyond what is acceptable in a civilised society, not simply whether it offends someone.
Context – jokes, satire or private disputes may be interpreted differently when considered in full context.
Procedural errors – the prosecution must prove the message was sent via a “public electronic communications network.”
An experienced solicitor can review your case, challenge the evidence and build the strongest possible defence.
How Lostock Legal Can Help
At Lostock Legal, we have extensive experience defending clients accused of communications offences under Section 127.
We can:
Provide immediate advice if you are under investigation.
Represent you during police interviews.
Analyse whether your message meets the high legal threshold for a criminal offence.
Defend you robustly in court and protect your rights to free expression.
Conclusion
Section 127 of the Communications Act 2003 was created to tackle abusive or menacing messages, but in practice it often raises difficult questions about free speech in the digital age.
If you have been accused of sending an offensive or menacing communication, don’t face it alone. The consequences can be serious — but with expert representation, many cases can be successfully defended.
👉 Contact Lostock Legal today for a confidential, no-obligation consultation with one of our criminal defence solicitors.