An Act to make provision for the punishment of persons who send or deliver letters or other articles for the purpose of causing distress or anxiety.
[29th July 1988]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1)Any person who sends to another person—
(a)a [F1letter, electronic communication or article of any description] which conveys—
(i)a message which is indecent or grossly offensive;
F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)any [F4article or electronic communication] which is, in whole or part, of an indecent or grossly offensive nature,
is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.
F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(2A) In this section “electronic communication” includes—
F7(a)any oral or other communication by means of [F7an electronic communications network] (c. 12)); and
(b)any communication (however sent) that is in electronic form.]
(3)In this section references to sending include references to delivering [F8or transmitting] and to causing to be sent [F9, delivered or transmitted] and “sender” shall be construed accordingly.
[F10(4)A person guilty of an offence under this section is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding two years or a fine (or both);
(b)on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).
(5)In relation to an offence committed before [F112 May 2022], the reference in subsection (4)(b) to 12 months is to be read as a reference to six months.
(6)In relation to an offence committed before section 85 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (4)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.]
Textual Amendments
F1Words in s. 1(1)(a) substituted (11.5.2001) by 2001 c. 16, ss. 43(1)(a), 138(2)
F2S. 1(1)(a)(ii) repealed (31.1.2024) by Online Safety Act 2023 (c. 50), ss. 189(2)(a), 240(1); S.I. 2024/31, reg. 2
F3S. 1(1)(a)(iii) repealed (31.1.2024) by Online Safety Act 2023 (c. 50), ss. 189(2)(b), 240(1); S.I. 2024/31, reg. 2
F4Words in s. 1(1)(b) substituted (11.5.2001) by 2001 c. 16, ss. 43(1)(b), 138(2)
F5S. 1(2) repealed (31.1.2024) by Online Safety Act 2023 (c. 50), ss. 189(2)(c), 240(1); S.I. 2024/31, reg. 2
F6S. 1(2A) inserted (11.5.2001) by 2001 c. 16, ss. 43(3), 138(2)
F7Words in s. 1(2A)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 90 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Schs. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F8Words in s. 1(3) inserted (11.5.2001) by 2001 c. 16, ss. 43(4)(a), 138(2)
F9Words in s. 1(3) substituted (11.5.2001) by 2001 c. 16, ss. 43(4)(b), 138(2)
F10S. 1(4)-(6) substituted for s. 1(4) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 32(1), 95(1) (with s. 32(2)); S.I. 2015/778, art. 3, Sch. 1 para. 26
F11Words in s. 1(5) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M1Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—
(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
(b)shall be subject to annulment in pursuance of a resolution of either House.
Marginal Citations
(1)This Act may be cited as the Malicious Communications Act 1988.
(2)Section 1 above shall not come into force until the end of the period of two months beginning with the day on which this Act is passed.
(3)This Act does not extend to Scotland or, except for section 2, to Northern Ireland.