Communication Offences in England and Wales

Sending a threatening, offensive, or harassing message, whether by text, email, social media, or any other electronic means, can constitute a criminal offence in England and Wales. Several pieces of legislation apply in this area, and the charge brought will depend on the content of the communication, the intent behind it, and whether it formed part of a wider pattern of behaviour.

Unlike harassment, which requires a course of conduct on at least two occasions, some communication offences can be committed in a single message. This means that a poorly worded post, an angry text sent in the heat of the moment, or a message sent without fully appreciating its impact can all give rise to criminal liability.

The principal legislation includes the Malicious Communications Act 1988, section 127 of the Communications Act 2003, and the Online Safety Act 2023. Where communications form part of a repeated pattern, the Protection from Harassment Act 1997 may also apply.

Malicious Communications — Malicious Communications Act 1988

Under section 1 of the Malicious Communications Act 1988, it is a criminal offence to send, or cause to be sent, to another person a letter, electronic communication, or other article that conveys a message which is indecent or grossly offensive, a threat, or information which is false, where the purpose, or one of the purposes, of sending it is to cause distress or anxiety to the recipient.

The offence applies to any form of communication, including letters, emails, text messages, social media posts, direct messages, and voicemails. A single communication is sufficient — there is no requirement for a pattern of behaviour. The maximum sentence is two years' imprisonment.

The intent element is important: the prosecution must prove that causing distress or anxiety was a purpose of sending the communication. Where a message was sent in anger without that specific purpose in mind, this may be relevant to the defence.

Grossly Offensive, Threatening or Obscene Communications — Section 127, Communications Act 2003

Under section 127 of the Communications Act 2003, it is a criminal offence to send, by means of a public electronic communications network, a message or other matter that is grossly offensive, indecent, obscene, or menacing. It is also an offence to send a communication that the sender knows to be false, for the purpose of causing annoyance, inconvenience, or needless anxiety.

Section 127 is a summary only offence, meaning it can only be dealt with in the Magistrates' Court, and carries a maximum sentence of six months' imprisonment. Its scope is wide: it applies to communications sent over any public electronic communications network, which includes telephone networks, the internet, and social media platforms.

The courts have considered the meaning of "grossly offensive" on a number of occasions and have made clear that the threshold is a high one — communications must go beyond what is merely offensive or distasteful. Context matters, and what is said, how it is said, and to whom it is directed will all be relevant.

The Online Safety Act 2023

The Online Safety Act 2023 introduced several communication offences that sit alongside rather than replace the existing offences under the Malicious Communications Act 1988 and the Communications Act 2003.

The Act created a false communications offence, which applies where a person sends a message they know to be false, intending to cause non-trivial psychological or physical harm to a likely audience. It also introduced a threatening communications offence, covering messages that threaten death or serious harm to the recipient or another person, and an epilepsy trolling offence, targeting the deliberate sending of flashing images intended to provoke seizures.

The false communications offence carries a maximum sentence of 51 weeks' imprisonment on summary conviction. The threatening communications offence carries a maximum of five years' imprisonment.

Cyberbullying and Online Harassment

There is no single offence of "cyberbullying" in English law, but conduct that takes place online — including through social media, messaging applications, gaming platforms, and email — can be prosecuted under the same legislation that governs offline conduct. Where online communications form part of a repeated course of conduct causing alarm or distress, a prosecution under the Protection from Harassment Act 1997 may be brought, carrying a maximum sentence of up to ten years for the most serious stalking offence.

The distinction between a standalone communication offence and a harassment charge is often one of pattern. A single offensive message is more likely to attract a charge under the Malicious Communications Act 1988 or section 127 of the Communications Act 2003. A sustained campaign of online contact or abuse, particularly one that causes the victim to fear violence or has a substantial adverse effect on their daily life, is more likely to be prosecuted as harassment or stalking.

Encouraging or Assisting Suicide

Under the Suicide Act 1961, as amended by the Coroners and Justice Act 2009, it is a criminal offence to do an act capable of encouraging or assisting the suicide or attempted suicide of another person, intending that act to so encourage or assist. This offence carries a maximum sentence of 14 years' imprisonment.

The offence can be committed through communications of any kind, including messages sent via social media, private messaging applications, or other electronic means.

Sentences for Communication Offences

The sentence imposed will depend on which offence is charged, the content and context of the communication, the harm caused or intended, and any aggravating or mitigating factors. The table below summarises the maximum sentences for the principal communication offences.

What to Do if You Are Under Investigation

If you are arrested or under investigation for a communication offence, do not make any further contact with the alleged recipient and do not speak to the police without a solicitor present. You have an absolute right to free, independent legal advice at the police station. Officers are trained interviewers and anything you say — including context or explanations you believe are innocent — may be used in evidence.

Not everyone investigated for a communication offence is charged. Early legal advice allows representations to be made to the Crown Prosecution Service before any charging decision is taken, either challenging the sufficiency of the evidence or arguing that a prosecution is not in the public interest. Where a prosecution does proceed, the context and intent behind the communication will be central to any defence, and specialist preparation from the outset is essential.