Communications Act 2003, s.127

Section 127 of the Communications Act 2003 is the primary legislation governing offensive and menacing communications sent via public electronic communications networks in the UK — including social media, email, and messaging platforms.

Section 127(1) — Grossly Offensive Messages

Makes it an offence to send, via a public electronic communications network, a message that is grossly offensive, indecent, obscene, or menacing in character.

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

Key Case Law

DPP v Collins [2006] UKHL 40: Established that "grossly offensive" is judged by the standards of an open and just multi-racial society. The message must go beyond mere offensiveness.

Chambers v DPP [2012] EWHC 2157 (Admin): A tweet threatening to blow up an airport "if it stays open" was found not to be menacing because context showed it was a joke. Context is critical.

Penalties and Time Limits

Summary-only offence — up to 6 months imprisonment. Extended time limit: prosecution must be brought within 3 years of the offence and within 6 months of the prosecutor becoming aware of sufficient evidence.