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Sending a threatening communication

s.181Online Safety Act 2023

Sending a message that conveys a threat of death or serious harm, intending or being reckless as to whether someone who encounters it will fear the threat will be carried out.

Sending a threatening communication · Online Safety Act 2023, s.181Card 103 / 85

Points to prove

Sent a message
The message conveyed a threat of death or serious harm
At the time of sending, intended an individual encountering the message to fear that the threat would be carried out, or was reckless as to whether they would

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. An internet service provider is not a sender (s.182(4)).
Serious harm – s.181(2): grievous bodily harm, rape, assault by penetration, or serious financial loss.
Encounter – s.182(5): read, view, hear or otherwise experience the message.
Carried out – it does not matter whether the threat would be carried out by the sender or someone else (s.181(1)(c)).
Content created by others – s.182(6): it does not matter who created the content, so forwarding someone else’s message or sharing their post can be sending.

Defences

s.181(3) – for a threat of serious financial loss only: the threat was used to reinforce a reasonable demand, and the defendant reasonably believed it was a proper means of doing so. Once evidence raises this defence, the prosecution must disprove it beyond reasonable doubt (s.181(4)).

Good to know

Recent change: this offence came into force on 31 January 2024. At the same time the Online Safety Act 2023 repealed the “threat” and “false information” parts of s.1 of the Malicious Communications Act 1988, and s.127(2)(a) and (b) of the Communications Act 2003 (false messages).
s.1 of the Malicious Communications Act 1988 (indecent or grossly offensive messages) and s.127(1) of the Communications Act 2003 (grossly offensive, indecent, obscene or menacing messages) remain in force.
Sending a message known to be false, intending to cause non-trivial psychological or physical harm to a likely audience, is the summary-only false communications offence under s.179.
No one has to actually encounter the message or be afraid. The test is the sender’s intention or recklessness at the time of sending.

Legislation: Online Safety Act 2023, s.181 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)