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Malicious communications

s.1Malicious Communications Act 1988

Sending a letter, electronic communication or article that is indecent or grossly offensive, where one purpose of sending it is to cause distress or anxiety.

Malicious communications · Malicious Communications Act 1988, s.1Card 155 / 195

Points to prove

Sent to another person a letter, electronic communication or article of any description
s.1(1)(a)Which conveyed a message that was indecent or grossly offensive
s.1(1)(b)Or which was itself, in whole or part, indecent or grossly offensive in nature
PurposeOne of the defendant's purposes in sending it was to cause distress or anxiety to the recipient, or to anyone else they intended it or its contents to be communicated to

Key definitions

Sends – s.1(3): includes delivering or transmitting, and causing something to be sent, delivered or transmitted.
Electronic communication – s.1(2A): includes any oral or other communication over an electronic communications network, and any communication in electronic form however it is sent. Texts, emails, direct messages and social media posts are all covered.
Indecent or grossly offensive – not defined in the Act. These are ordinary words, and whether the content meets them is a question of fact for the court.
Purpose – the test is the sender’s purpose. The message does not have to reach the intended person, and no one has to actually suffer distress or anxiety.

Good to know

Current scope: from 31 January 2024 the Online Safety Act 2023 repealed s.1(1)(a)(ii) (threats) and s.1(1)(a)(iii) (information known or believed to be false), and the s.1(2) defence for threats made to reinforce a demand. The offence now covers only indecent or grossly offensive content.
Threats of death or serious harm are now charged as a threatening communication (s.181 Online Safety Act 2023). Knowingly false messages sent to cause harm are the false communications offence (s.179).
Messages sent over a public electronic communications network may also fall under s.127(1) Communications Act 2003, which is summary only. Section 1 is wider in one way (it covers letters and articles) but needs the purpose of causing distress or anxiety.
For an offence committed before 2 May 2022, the summary maximum is 6 months (s.1(5)).

Legislation: Malicious Communications Act 1988, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Malicious communications: questions people ask

What are the points to prove for malicious communications?

1. Sent to another person a letter, electronic communication or article of any description 2. Which conveyed a message that was indecent or grossly offensive 3. Or which was itself, in whole or part, indecent or grossly offensive in nature 4. One of the defendant's purposes in sending it was to cause distress or anxiety to the recipient, or to anyone else they intended it or its contents to be communicated to

What is the maximum sentence for malicious communications?

2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is malicious communications a summary, either-way or indictable offence?

Malicious communications is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is malicious communications?

Malicious communications is an offence under the Malicious Communications Act 1988, s.1.

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