Malicious Communications Act 1988

The Malicious Communications Act 1988 creates an offence of sending communications that are indecent, grossly offensive, threatening, or false with the purpose of causing distress or anxiety.

Section 1 — The Offence

Sending a letter, electronic communication, or article conveying a message which is indecent or grossly offensive, a threat, or information which is false and known or believed to be false by the sender, where the sender's purpose is to cause distress or anxiety.

Key distinction from s.127 CA 2003: The MCA 1988 requires proof that causing distress or anxiety was the sender's purpose, not merely that the message was offensive.

Penalties

Either-way offence — up to 2 years on indictment; up to 12 months on summary conviction.