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Improper use of a public electronic communications network

s.127Communications Act 2003

Sending a grossly offensive, indecent, obscene or menacing message over a public electronic communications network, or persistently using the network to cause annoyance, inconvenience or needless anxiety.

Improper use of a public electronic communications network · Communications Act 2003, s.127Card 156 / 195

Points to prove

s.127(1)Sent, or caused to be sent, a message or other matter
s.127(1)By means of a public electronic communications network
s.127(1)The message was grossly offensive, or of an indecent, obscene or menacing character
s.127(1)The defendant intended the message to be taken that way, or was aware that it might be
Or, s.127(2)(c)Persistently made use of a public electronic communications network
s.127(2)(c)For the purpose of causing annoyance, inconvenience or needless anxiety to another

Key definitions

Public electronic communications network – s.151: a network provided wholly or mainly to make electronic communications services available to members of the public. This covers phone networks and the internet. A purely private network is not covered.
Grossly offensive – judged by the standards of an open and just multiracial society, taking account of the context. The offence is in the sending, so the message does not have to be received by anyone (DPP v Collins 2006, House of Lords).
Menacing – a message that creates fear or apprehension in those who receive it or may reasonably be expected to see it. A message that no reasonable person would take seriously, such as an obvious joke, is not menacing (Chambers v DPP 2012).
Persistently – not defined in the Act. It means repeated use, such as a stream of nuisance or silent calls.

Good to know

Current scope: from 31 January 2024 the Online Safety Act 2023 repealed s.127(2)(a) and (b) (sending a message known to be false) in England, Wales and Northern Ireland. Use the false communications offence under s.179 of that Act instead. Sections 127(1) and 127(2)(c) remain in force.
Time limit – s.127(5): proceedings can be brought within 6 months of the prosecutor having enough evidence, but no later than 3 years after the offence.
The section does not apply to anything done in providing a programme service, such as broadcasting (s.127(4)).
Where the purpose is to cause distress or anxiety, or the item is a letter or article, consider s.1 Malicious Communications Act 1988, which is either way.

Legislation: Communications Act 2003, s.127 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or an unlimited fine (level 5)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Improper use of a public electronic communications network: questions people ask

What are the points to prove for improper use of a public electronic communications network?

1. Sent, or caused to be sent, a message or other matter 2. By means of a public electronic communications network 3. The message was grossly offensive, or of an indecent, obscene or menacing character 4. The defendant intended the message to be taken that way, or was aware that it might be 5. Persistently made use of a public electronic communications network 6. For the purpose of causing annoyance, inconvenience or needless anxiety to another

What is the maximum sentence for improper use of a public electronic communications network?

6 months' imprisonment and/or an unlimited fine (level 5)

Is improper use of a public electronic communications network a summary, either-way or indictable offence?

Improper use of a public electronic communications network is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is improper use of a public electronic communications network?

Improper use of a public electronic communications network is an offence under the Communications Act 2003, s.127.

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