Sections 4, 4A, 5 & Part III — Threatening behaviour, harassment, incitement to racial hatred

S.4 — Fear/provocation of violence: Using threatening/abusive/insulting words/behaviour towards another with intent to cause belief that immediate unlawful violence will be used or provoked. Summary — up to 6 months.

S.4A — Intentional harassment/alarm/distress: Using threatening/abusive/insulting words/behaviour with intent to cause harassment/alarm/distress, thereby causing it. Summary — up to 6 months. Defence of reasonable conduct.

S.4B — Sex-based harassment (in force 1 Apr 2026): S.4A offence committed because of victim's sex. Either-way — up to 2 years.

S.5 — Harassment/alarm/distress: Using threatening or abusive (not insulting) words/behaviour within hearing/sight of a person likely to be caused harassment/alarm/distress. Fine only (level 3). Defence of reasonable conduct.

Part III — Incitement to racial hatred (ss.17-29): Using threatening/abusive/insulting words/behaviour intended or likely to stir up racial hatred. Either-way — up to 7 years. DPP consent required.

Source: legislation.gov.uk

Section 127(1) — Grossly offensive/indecent/obscene/menacing messages

Sending by means of a public electronic communications network a message that is grossly offensive, indecent, obscene or menacing. Summary — up to 6 months. Extended time limit: 3 years from commission + 6 months from prosecutor knowledge.

Mens rea: Must have intended message to be grossly offensive, or been aware it might be taken as such by a reasonable member of the public (DPP v Kingsley Smith [2017]).

Key cases: DPP v Collins [2006] — "grossly offensive" judged by standards of an open and just multi-racial society. Chambers v DPP [2012] — Twitter menacing. DPP v Bussetti [2021] — "not simply offensive but grossly offensive" required.

S.127(2)(c) — Persistent misuse: Persistent use of network to cause annoyance/inconvenience/needless anxiety.

Source: legislation.gov.uk

Part 10 — Communications offences (ss.179-184)

False communications (s.179): Sending a message conveying information known to be false, intending it to cause non-trivial psychological or physical harm. Summary — up to 6 months.

Threatening communications (s.181): Sending a message conveying a threat of death or serious harm, intending or reckless that the threat would be feared. Either-way — up to 5 years and/or unlimited fine.

Epilepsy trolling (s.183): Sending flashing images intending harm to a person with epilepsy. Either-way — up to 5 years.

Encouraging self-harm (s.184): Encouraging/assisting serious self-harm (GBH-level). Either-way — up to 5 years.

Part 3 — Platform duties: Duties of care on user-to-user and search services for illegal content, child safety, content reporting. Regulated by OFCOM.

Source: legislation.gov.uk

Section 1 — Indecent or grossly offensive communications

Sending a letter, electronic communication or article conveying a message which is indecent or grossly offensive, where the sender's purpose is to cause distress or anxiety.

Penalty: Either-way — up to 2 years on indictment; up to 12 months summary.

Mens rea: Higher bar than s.127 CA 2003 — must prove purpose to cause distress or anxiety.

Source: legislation.gov.uk

Definition of terrorism (TA 2000, s.1): Use/threat of serious violence, damage to property, endangering life, serious risk to public health/safety, serious electronic disruption — designed to influence government or intimidate public for political/religious/racial/ideological cause.

Key offences and penalties:

• TA 2006 s.1 — Encouragement of terrorism (incl. glorification) — up to 15 years
• TA 2006 s.2 — Dissemination of terrorist publications — up to 15 years
• TA 2000 s.12 — Support for proscribed organisation (incl. reckless expression) — up to 14 years
• TA 2000 s.58 — Collecting information useful to a terrorist (incl. viewing/streaming) — up to 15 years
• TA 2000 s.38B — Failure to disclose information about acts of terrorism — up to 5 years

Source: TA 2000 · TA 2006

Part 3A of the Public Order Act 1986 (ss.29A-29N)

Using threatening words/behaviour, or displaying/publishing/distributing threatening written material, with intent to stir up religious hatred.

Penalty: Either-way — up to 7 years. DPP consent required.

Free speech protection (s.29J): Discussion of, criticism of or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or beliefs is NOT in itself hatred.

Source: legislation.gov.uk

Part 3B of the Public Order Act 1986 (ss.29JA-29N)

Stirring up hatred on grounds of sexual orientation — using threatening words/behaviour intended to stir up hatred against persons defined by reference to sexual orientation.

Penalty: Either-way — up to 7 years. DPP consent required.

Key requirements: Words/behaviour must be threatening (not merely abusive/insulting). Intent must be proved.

Source: legislation.gov.uk

Section 26 — Harassment (civil framework)

Unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Civil only — enforced in Employment Tribunal or County Court. Not a criminal offence.

Remedies: Compensation (including injury to feelings), declaration, recommendation, injunction.

Source: legislation.gov.uk

Libel and slander — protecting reputation against false statements of fact

Serious harm threshold (s.1): Statement not defamatory unless its publication has caused or is likely to cause serious harm to reputation.

Defences: Truth (s.2), Honest opinion (s.3), Public interest (s.4), Website operators (s.5).

Time limit: 1 year from publication.

Source: legislation.gov.uk

Strict liability rule (ss.1-2): Publication creating a substantial risk that the course of justice in active proceedings will be seriously impeded or prejudiced — regardless of intent.

Key defences: Innocent publication (s.3), Fair and accurate report (s.4(1)), Public affairs discussion (s.5).

Penalties: Superior court — up to 2 years. Inferior court — up to 1 month and/or £2,500.

Source: legislation.gov.uk

Test of obscenity (s.1): An article is obscene if its effect, taken as a whole, tends to deprave and corrupt persons likely to read/see/hear it.

Prohibited (s.2): Publishing an obscene article OR having an obscene article for publication for gain. Summary — up to 6 months. On indictment — up to 5 years and unlimited fine.

Defence of public good (s.4): Publication justified in the interests of science, literature, art or learning.

Source: legislation.gov.uk

Article 10(1) — Freedom of expression: Everyone has the right to freedom of expression, including freedom to hold opinions and to receive and impart information and ideas without interference by public authority.

Article 10(2) — Permitted restrictions: May be subject to restrictions as are prescribed by law and necessary in a democratic society for various public interests.

Article 17 — Prohibition of abuse of rights: Hate speech aimed at destroying others' rights may not engage Article 10 at all.

Practical effect: Speech that offends, shocks or disturbs is protected (Redmond-Bate v DPP). Interference must be necessary, proportionate and prescribed by law.

Source: legislation.gov.uk