Stop and think before you hit send:

What are Malicious Communications and how you could break the law

There are two Acts of Parliament which govern Malicious Communications, The Malicious Communications Act 1988 and the Communications Act 2003.

We have been dealing with an increase in people, including social media influencers, who have fallen foul of the law and have been arrested and held in police custody.  A momentary lapse of judgement or a communication sent in the heat of the moment could be enough to commit a serious crime, which can have devastating consequences for them and their family.

According to a 2025 Freedom of Information request, Police in England and Wales have been making over 12,000 arrests each year for offences under Section 127 of the Communications Act 2003 and Section 1 of the Malicious Communications Act 1988.  Arrests involving social media are reported to have doubled since 2017.

A person commits an offence under  The Malicious Communications Act 1988 if they send another person a letter, electronic communication or article which is indecent or grossly offensive.  The key element of this offence is the intention to cause distress or anxiety to the recipient/s.

The Communications Act 2003 extends this to grossly offensive or indecent messages via public communications platforms including social media, emails and mobile networks.

There are several different offences which can be committed and the maximum penalty for the most serious includes a prison sentence and a fine. Sentencing could also include a community order, restraining order, compensation order and a requirement to undergo mental health treatment if that contributed to the offence.

Sentences will be determined by examining the combination of culpability and harm caused.  These cases are typically dealt with in the Magistrates Court, but more serious cases can be referred to the Crown Court.

The communication content must be either:

• Grossly offensive, vulgar, outrageous, shameful, shocking, abusive or insulting.
• Indecent, degrading, humiliating, improper, especially in relation to sexual matters.
• Threatening nature and the threat is believed to be real.
• It is sent using false information that is believed to be false by the sender.
• It is sent to cause the person or anyone else distress or anxiety.

The Acts are there to protect vulnerable victims, to prevent persistent or repeat offending, to prevent messages involving threats of violence and to stop the use of public forums or social media to amplify them.

There might be mitigating factors which the Police or a Court might take into account.  This could include evidence of the perpetrator’s attempt to apologise and show genuine remorse, evidence that it was impulsive or reactive behaviour which led to the offence, their lack of a previous criminal record and or their mental health or immaturity which affected their judgement.

If you are arrested and/or charged with an offence under either Act, then you should seek legal advice as soon as possible.  We are happy to discuss these matters with you, and we offer an out of hours emergency assistance service for those arrested and taken into custody – see our homepage.

For further information contact John Roberts at j.roberts@gullands.com