Malicious Communications Act: When Online Abuse Becomes a Crime

When online abuse goes beyond unpleasant opinions and becomes threatening, grossly offensive, or deliberately distressing, it may cross the line into criminal behaviour. The Malicious Communications Act 1988 and related legislation provide criminal sanctions for the most serious forms of online abuse.

The Malicious Communications Act 1988

Section 1 of the Malicious Communications Act 1988 makes it an offence to send a communication that is:

• Indecent or grossly offensive
• Threatening
• Contains information that is false and known or believed to be false

The communication must be sent with the purpose of causing distress or anxiety to the recipient or to any other person to whom it is intended the content should be communicated.

The offence carries a maximum sentence of two years' imprisonment (increased from six months by the Criminal Justice and Courts Act 2015) and/or an unlimited fine.

Importantly, unlike harassment, a single communication can constitute an offence. There is no requirement for a course of conduct.

Communications Act 2003, Section 127

Section 127 of the Communications Act 2003 creates a separate offence of sending a message via a public electronic communications network that is grossly offensive, indecent, obscene, or menacing. This covers messages sent via:

• Social media platforms (X/Twitter, Facebook, Instagram, TikTok)
• Email
• Online forums and comment sections
• Messaging apps that use the internet

The maximum penalty is six months' imprisonment and/or a £5,000 fine. The prosecution does not need to prove the defendant intended to cause distress — only that the message was grossly offensive and was sent knowingly.

The Online Safety Act 2023

The Online Safety Act 2023 introduced significant new criminal offences:

False Communications Offence (Section 179)

It is now a criminal offence to send a message containing information that the sender knows to be false, where the sender intends to cause non-trivial psychological or physical harm to a likely audience member. This targets deliberate disinformation and could apply to some forms of defamatory content.

Threatening Communications Offence (Section 181)

Sending a communication that conveys a threat of serious harm (death, serious injury, rape, etc.) is an offence carrying up to five years' imprisonment if the sender intended the recipient to fear the threat would be carried out.

Epilepsy Trolling (Section 183)

Sending flashing images to someone known to have epilepsy with intent to cause harm is specifically criminalised.

What Makes Content "Grossly Offensive"?

"Grossly offensive" is assessed by the standards of an open and just multi-racial society. Not every offensive remark crosses this threshold — the content must be more than merely rude, controversial, or hurtful. Factors courts consider include:

• The context in which the communication was made
• Whether it targets a specific individual or group
• Whether it uses extreme or degrading language
• Whether it is calculated to cause maximum distress
• The vulnerability of the recipient

Overlap with Defamation

Malicious communications and defamation frequently overlap. A false and damaging allegation posted on social media may simultaneously be:

• Defamatory (a civil wrong, actionable for damages)
• A malicious communication (a criminal offence, reportable to police)
• Part of a course of harassment (both civil and criminal)

Pursuing both criminal and civil routes simultaneously can be an effective strategy. A criminal conviction can support a subsequent civil claim for damages, and the threat of criminal prosecution can encourage a defamer to cooperate.

Reporting and Prosecution

To report a malicious communication:

1. Preserve evidence: Screenshot the communication, noting the URL, sender details, date, and time
2. Report to the police: Contact your local police or use the online reporting tool at police.uk. For immediate threats, call 999
3. Report to the platform: Major platforms are required to respond to reports of criminal content
4. Seek legal advice: A solicitor can advise on both criminal reporting and civil remedies

The Crown Prosecution Service (CPS) has specific guidelines on prosecuting social media offences, which emphasise that cases involving credible threats, targeted harassment, or hate crime are most likely to be prosecuted.

Civil Remedies Alongside Criminal Action

Criminal prosecution does not prevent you from pursuing civil remedies. In many cases, a combined approach is most effective:

• Injunctions to stop ongoing abuse
• Defamation claims for compensation
• Harassment claims for damages and restraining orders
• Content removal from platforms and search engines

Contact our team for a free case evaluation to discuss the best strategy for your situation.