Sending Nuisance Communications

Question 1

Under s 1 of the Malicious Communications act, it is an offence to do what?

Answer 1

To send, for the purpose of causing distress or anxiety, any item (including electronic communications) which contains:

• indecent or grossly offensive content (s 1(1)(a)(i))
• a threat (s 1(1)(a)(ii)) unless it was made reasonably to reinforce a demand.
• information which is false and known or believed to be false (s 1(1)(a)(iii))
• any article which is entirely or partly, indecent or grossly offensive ((s 1(1)(b))

Question 2

What are the penalties under s 1 of the Malicious Communications act?

Answer 2

Triable summarily and the penalty is 6 months imprisonment and/ or a fine.

Question 3

Improper use of public electronic communications network

It is an offence under what legislation to send (or cause to be sent) a message by means of a public electronic communications network (eg mobile and landline telephones) which is grossly offensive, indecent, obscene or menacing or false, or to persistently use the network for purpose of causing annoyance, inconvenience, or needless anxiety to another.

Answer 3

s 127 of the Communications Act 2003

Question 4

s 127 of the Communications Act 2003 states what?

Answer 4

It is an offence to send (or cause to be sent) a message by means of a public electronic communications network (eg mobile and landline telephones) which is grossly offensive, indecent, obscene or menacing (s 127 (1)) or false, or to persistently use the network for purpose of causing annoyance, inconvenience, or needless anxiety to another (s 127 (2)).

Question 5

s 127 of the Communications Act 2003 enforced penalties

Answer 5

Triable summarily and the penalty is 6 months imprisonment and/ or a fine.