Epilepsy Trolling Is Now a Crime: Section 183 Explained

Before January 2024, sending a strobing GIF to someone with epilepsy in the hope of triggering a seizure was not a specific criminal offence. Prosecutors had to stretch older statutes — s.127, the Malicious Communications Act — to fit conduct neither was designed for. Section 183 of the Online Safety Act 2023 changed that. For the first time, epilepsy trolling became a named, specific crime with a maximum sentence of 5 years.

Disclaimer: General information, not legal advice.

The Three Elements

The prosecution must prove: (1) the sender sent a communication containing flashing images — defined as images that flash or strobe at a rate likely to cause a seizure in someone with photosensitive epilepsy; (2) the sender intended the communication to cause harm to a person with epilepsy, or was reckless as to whether it would; (3) no actual seizure needs to have occurred. The offence is complete when the message is sent with the required mental element.

Recklessness Is Enough

The prosecution does not need to prove the sender wanted to trigger a seizure. Recklessness is sufficient — being aware of the risk and unreasonably taking it. If you send flashing images to someone you know has epilepsy, recklessness is straightforward to establish.

The Companion Offences

Section 183 sits alongside s.184 (encouraging self-harm, 5 years) as part of the Online Safety Act's harm-based offences. These are not about offensive content — they are about exploiting specific vulnerabilities to cause physical harm. Section 181 (threats, 5 years) covers threats of death or serious harm.

Practical Takeaways

1. Epilepsy trolling is now a specific crime — 5-year maximum.
2. No actual seizure is required for the offence to be complete.
3. Recklessness is enough — you do not need to have intended harm.
4. The law protects a specific medical vulnerability.

Sources

• Online Safety Act 2023, s.183 — legislation.gov.uk