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Sending a false communication

s.179Online Safety Act 2023

Sending a message containing information you know to be false, intending it to cause non-trivial psychological or physical harm to a likely audience, without reasonable excuse.

Sending a false communication · Online Safety Act 2023, s.179Card 157 / 195

Points to prove

s.179(1)(a)Sent a message
s.179(1)(b)The message conveyed information that the defendant knew to be false
s.179(1)(c)When sending it, intended the message or its information to cause non-trivial psychological or physical harm to a likely audience
s.179(1)(d)Had no reasonable excuse for sending it

Key definitions

Sends a message – s.182(2) and (3): sending, transmitting or publishing a communication (including an oral one) by electronic means, or sending or giving an individual a letter or any other thing. Causing any of these to happen also counts. Forwarding someone else’s message or sharing their post can be sending (s.182(6)).
Likely audience – s.179(2): someone who, when the message is sent, could reasonably be foreseen to encounter it, or, online, to encounter a forwarded or shared copy of it.
Many in the audience – s.179(3): where several or many people are a likely audience, the defendant does not have to intend harm to any one of them in particular.
Non-trivial psychological or physical harm – not defined in the Act. The intended harm must be more than trivial. No harm actually has to be caused.

Defences

No reasonable excuse – this is part of the offence (s.179(1)(d)), so the prosecution must prove it.
Exemptions – s.180: recognised news publishers, broadcasting and multiplex licence holders acting under their licence, on-demand programme services, and the showing of a film made for cinema cannot commit the offence.

Good to know

Recent change: in force from 31 January 2024. It replaced s.127(2)(a) and (b) of the Communications Act 2003 and the false-information part of s.1 of the Malicious Communications Act 1988.
Time limit – s.179(7) and (8): within 6 months of the prosecutor having enough evidence, and no later than 3 years after the offence. Online, the offence is committed on the date the message is first sent (s.182(9)).
s.179(6): the maximum term becomes 51 weeks once s.281(5) of the Criminal Justice Act 2003 is brought into force.

Legislation: Online Safety Act 2023, s.179 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or a fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Sending a false communication: questions people ask

What are the points to prove for sending a false communication?

1. Sent a message 2. The message conveyed information that the defendant knew to be false 3. When sending it, intended the message or its information to cause non-trivial psychological or physical harm to a likely audience 4. Had no reasonable excuse for sending it

What is the maximum sentence for sending a false communication?

6 months' imprisonment and/or a fine.

Is sending a false communication a summary, either-way or indictable offence?

Sending a false communication is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is sending a false communication?

Sending a false communication is an offence under the Online Safety Act 2023, s.179.

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