Malicious Comunnications Flashcards
Malicious communications 1988 s.1
Send letters or other communication with the intent to cause distress or anxiety
Send letters or communication=can be online
Must have a message which is indecent or grossly offensive
Mr is intent to cause distress ot anxiety to those recieving(targetted)
Summary offence
Malicious communications act 2003 s.127
1.A person send electronic communication 2.which is grossly offensive or of an indecent and menacing character 4.or causes any such messages to be sent (mot targeted but is such that anyone reading it may feel distress or anxiety)
MR=D intended message to be grossly or offensive or aware it might be
Summary offence
Malicious communications cases
(Dpp v Kingsley Smith) covers reposting a messages
(Chabloz v cps) includes on your own YouTube channel
(Dpp v colins) grossly offensive,reasonable person, includes racist language
(Dppp v busetti) not enough for it to be bad taste or shocking, gross=serious
(Dpp v chambers) threaten to bomb airport=poor taste of joke so not enough