Threatening, abusive or offensive communications
Section 127 of the Communications Act 2003 makes it an offence in Scotland to send a grossly offensive, indecent, obscene or menacing message over a public electronic network, such as by phone, text, email or social media. It also covers false messages or persistent use intended to cause annoyance or anxiety.
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 | Improper use of a public electronic communications network, Sending grossly offensive or menacing messages, Online abuse |
|---|---|
| The law | Communications Act 2003, section 127 |
| Where it is tried | a summary-only offence, prosecuted under summary procedure in the sheriff court or the Justice of the Peace court. Proceedings must begin within 3 years of the offence and within 6 months of the prosecutor having sufficient evidence. |
| Maximum penalty | Section 127: up to 6 months' imprisonment and/or a fine of up to £5,000. Related Scottish offences carry more: threatening or abusive behaviour (Criminal Justice and Licensing (Scotland) Act 2010, section 38) and stalking (section 39) each carry up to 5 years on indictment; encouraging or assisting serious self-harm (Online Safety Act 2023, section 184), which extends to Scotland, carries up to 5 years. |
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
- The accused sent, or caused to be sent, a message or other matter by means of a public electronic communications network, such as the phone network or the internet.
- For section 127(1): the message was grossly offensive, or of an indecent, obscene or menacing character.
- The accused intended the message to have that character or was aware that it might be taken that way.
- For section 127(2): to cause annoyance, inconvenience or needless anxiety, the accused sent a message they knew to be false, caused one to be sent, or persistently used the network.
Defences and common issues
- The message was offensive, shocking or disturbing but not grossly offensive, indecent, obscene or menacing; freedom of expression protects offensive speech.
- The message was not sent by the accused, or not sent over a public electronic communications network.
- The accused lacked the required intention or awareness about the character of the message.
- For false messages: the accused did not know the message was false or did not send it to cause annoyance, inconvenience or needless anxiety.
Frequently asked questions
Is it a crime to send an offensive message or post in Scotland?
It can be, but only if it crosses a high threshold. Under section 127 of the Communications Act 2003 it is an offence to send a message over a public electronic network, including texts, emails and social media, that is grossly offensive, indecent, obscene or menacing. Messages that are merely rude, offensive or upsetting are not enough. Threatening or abusive messages likely to cause fear or alarm may also be charged as threatening or abusive behaviour under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010.
Do the Online Safety Act 2023 offences apply in Scotland?
Only some. The new offences of sending false communications, threatening communications and flashing images to people with epilepsy (sections 179 to 183) apply only in England, Wales and Northern Ireland, and cyberflashing (section 187) only in England and Wales. The offence of encouraging or assisting serious self-harm (section 184) does extend to Scotland. In Scotland, false and threatening messages are still covered by section 127 of the Communications Act 2003, which remains in full force there, and by Scottish offences such as threatening or abusive behaviour.
What can I do if someone keeps sending me messages after I asked them to stop?
Persistently using a phone or internet service to cause annoyance, inconvenience or needless anxiety is an offence under section 127(2) of the Communications Act 2003. If the messages form a course of conduct that causes fear or alarm, it may be stalking under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010, which carries up to 5 years. If it is a partner or ex-partner, it may be domestic abuse. You can report it to Police Scotland on 101, or 999 in an emergency, and keep screenshots as evidence.
Can I be prosecuted for a message I sent years ago?
For the section 127 offence, prosecution in Scotland must begin within 3 years of the message being sent, and within 6 months of the prosecutor having sufficient evidence. More serious offences prosecuted on indictment, such as stalking, threatening or abusive behaviour, or stirring up hatred, have no time limit in Scotland. Summary proceedings for other statutory offences generally have their own time limits. A solicitor can check whether a time limit applies in a particular case.
Can a hate crime aggravation apply to online messages?
Yes. Any offence, including sending a grossly offensive or menacing message under section 127 or threatening or abusive behaviour online, can be aggravated by prejudice under the Hate Crime and Public Order (Scotland) Act 2021. This applies where the offender shows malice and ill-will based on age, disability, race, religion, sexual orientation, transgender identity or variations in sex characteristics. If proved, the court must record the aggravation and take it into account when sentencing. Stirring up hatred online is a separate offence.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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