(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;
(ii)a threat; or
(iii)information which is false and known or believed to be false by the sender; or
(b)any [F2article 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.
(2)A person is not guilty of an offence by virtue of subsection (1)(a)(ii) above if he shows—
(a)that the threat was used to reinforce a demand [F3made by him on reasonable grounds]; and
(b)that he believed [F4, and had reasonable grounds for believing,] that the use of the threat was a proper means of reinforcing the demand.
[F5(2A) In this section “ electronic communication ” includes—
(a)any oral or other communication by means of [F6an 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 [F7or transmitting] and to causing to be sent [F8, delivered or transmitted] and “sender” shall be construed accordingly.
(4)A person guilty of an offence under this section shall be liable on summary conviction to [F9imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both].
Textual Amendments
F1Words in s. 1(1)(a) substituted (11.5.2001) by 2001 c. 16, ss. 43(1)(a), 138(2)
F2Words in s. 1(1)(b) substituted (11.5.2001) by 2001 c. 16, ss. 43(1)(b), 138(2)
F3Words in s. 1(2)(a) substituted (11.5.2001) by 2001 c. 16, ss. 43(2)(a), 138(2)
F4Words in s. 1(2)(b) substituted (11.5.2001) by 2001 c. 16, ss. 43(2)(b), 138(2)
F5S. 1(2A) inserted (11.5.2001) by 2001 c. 16, ss. 43(3), 138(2)
F6Words in s. 1(2A)(a) substituted (25.7.2003 for specified purposes) 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))
F7Words in s. 1(3) inserted (11.5.2001) by 2001 c. 16, ss. 43(4)(a), 138(2)
F8Words in s. 1(3) substituted (11.5.2001) by 2001 c. 16, ss. 43(4)(b), 138(2)
F9Words in s. 1(4) substituted (11.5.2001) by virtue of 2001 c. 16, ss. 43(5)(6), 138(2)