Threatening and malicious communications
Several laws make it a crime to send threatening, grossly offensive, indecent or knowingly false messages. The main ones are section 1 of the Malicious Communications Act 1988, section 127 of the Communications Act 2003, and the false and threatening communications offences in the Online Safety Act 2023.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Malicious communications, Sending threatening messages, Improper use of a public electronic communications network, Section 127 offence, False communications offence, Threatening communications offence |
|---|---|
| The law | Malicious Communications Act 1988, section 1 |
| Where it is tried | section 127 and the Online Safety Act section 179 false communications offence are summary only (magistrates' court). The Malicious Communications Act offence and the section 181 threatening communications offence are either way. |
| Maximum penalty | Online Safety Act s.181 (threatening communications): 5 years' imprisonment and/or a fine. Malicious Communications Act s.1: 2 years and/or an unlimited fine. Communications Act s.127: 6 months and/or an unlimited fine. Online Safety Act s.179 (false communications): 6 months and/or a fine. |
| Sentencing guideline | Communication network offences (Revised 2017) |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- Malicious Communications Act s.1: sending a letter, electronic communication or article that is indecent or grossly offensive, where one purpose was to cause distress or anxiety to the recipient or someone else.
- Communications Act s.127(1): sending, via a public electronic communications network, a message that is grossly offensive, indecent, obscene or menacing, intending or being aware of that character; nobody needs to receive it.
- Communications Act s.127(2)(c): persistently using a public electronic communications network to cause annoyance, inconvenience or needless anxiety.
- Online Safety Act s.181: sending a message conveying a threat of death or serious harm (grievous bodily harm, rape, assault by penetration or serious financial loss), intending the recipient to fear it will be carried out or being reckless about that.
- Online Safety Act s.179: sending a message conveying information you know is false, intending to cause non-trivial psychological or physical harm to a likely audience, without reasonable excuse.
Defences and common issues
- Freedom of expression (Article 10 ECHR): offensive, shocking or disturbing content is not automatically grossly offensive, and prosecution must be necessary and proportionate.
- Lack of the required intent, purpose or awareness, for example an obvious joke not intended or understood as menacing.
- Threat of serious financial loss: defence that the threat reinforced a reasonable demand and you reasonably believed it was a proper way to do so (s.181(3)).
- False communications: reasonable excuse, and exemptions for recognised news publishers, broadcasters and cinema films (s.180).
Frequently asked questions
Is it illegal to send threatening messages online?
Yes. Since 31 January 2024, section 181 of the Online Safety Act 2023 makes it an offence to send a message threatening death or serious harm, such as grievous bodily harm, rape or serious financial loss, if you intend the recipient to fear it will be carried out or are reckless about that. It carries up to 5 years' imprisonment. Other threats may be charged as harassment, stalking, a menacing message under section 127, or threats to kill, depending on the facts.
Is the Malicious Communications Act still in force?
Partly. From 31 January 2024 the Online Safety Act 2023 repealed the parts of section 1 of the Malicious Communications Act 1988 covering threats and false information, which are now dealt with by the new threatening and false communications offences. The part covering indecent or grossly offensive messages sent to cause distress or anxiety remains in force, with a maximum of 2 years. The false messages offence in section 127(2) of the Communications Act 2003 was also repealed in England and Wales.
Can I be prosecuted for an offensive social media post?
Possibly, but the threshold is high. A post can be an offence under section 127 of the Communications Act 2003 if it is grossly offensive, indecent, obscene or menacing, or under the Malicious Communications Act if sent to cause distress or anxiety. Content that is merely offensive, shocking, rude or in poor taste is not usually enough. CPS guidance requires prosecutors to consider freedom of expression and whether prosecution is in the public interest, including whether the post was quickly removed.
Is there a time limit for prosecuting communications offences?
For the summary only offences, yes. A prosecution under section 127 of the Communications Act 2003 or section 179 of the Online Safety Act 2023 must start within 6 months of the prosecutor having enough evidence, and no later than 3 years after the offence. The Malicious Communications Act offence and the section 181 threatening communications offence are either way, so there is no fixed time limit. Delay can still be relevant to whether a fair trial is possible.
What other online offences did the Online Safety Act create?
As well as false and threatening communications, the Online Safety Act 2023 created offences of sending flashing images to people with epilepsy intending to cause harm, encouraging or assisting serious self-harm, and cyberflashing, which means sending an image of genitals to cause alarm, distress or humiliation, or for sexual gratification. It also replaced the revenge porn law with a wider offence of sharing or threatening to share intimate images. These came into force on 31 January 2024.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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