Ina recent article posted to this website entitled ‘Malicious Communications’ John Veale ofKangs Solicitors explained the purpose and effect of the Malicious Communications Act 1988.
Subsequent to that Act, the Communication Act 2003 (the ‘Act’) was passed in order to assist prosecuting authorities counter the use of malicious communicationswith the emphasis being the misuse of the public communications network.
Prosecutions under the Act have been brought in respect of offensive ‘Youtube’ postings, tweets andre-tweeting of offensive tweets.
The Act created ‘Ofcom’ as a Regulatory body in respect of broadcasting and communications.
John Veale of Kangs Solicitors now comments on the Act.
If you find yourself under investigation in relation to a complaint that involves alleged malicious communications or misuse of the public electronic communications system, our team is here to assist you:
The Law | Kangs Communications Act Offences Solicitors
Section 127 of the Act states:
‘Improper use of public electronic communications network
(1) A person is guilty of an offence if he—
(a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
(b) causes any such message or matter to be so sent
(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—
(a) sends by means of a public electronic communications network, a message that he knows to be false,
(b) causes such a message to be sent; or
(c) persistently makes use of a public electronic communications network.’
Sentence Following Conviction | Kangs Criminal Defence Team
Section 127(3) of the Act provides that:
An alleged offence under this section will be tried before a Magistrates’ Court and conviction will lead to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
How Can We Help? | Kangs National Criminal Defence Solicitors
If you are arrested or subject to a criminal investigation, you should seek expert legal assistance and advice immediately.
If we can be of assistance, please do not hesitate to contact our team through any of the following: