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Malicious Communications UK: Is an Abusive Message a Crime?

Independently fact-checkedBy Recording Law Editorial Team9 min read

Independently fact-checked against primary sources (last audited September 28, 2026). · 10 primary sources cited on this page. How we verify our legal content

Malicious Communications UK: Is an Abusive Message a Crime?

Sending someone an indecent, grossly offensive, threatening or knowingly false message can be a crime in the United Kingdom, but since 31 January 2024 the law has changed: some conduct that used to fall under the Malicious Communications Act 1988 is now prosecuted under new Online Safety Act 2023 offences instead, and the change applies differently across the UK's nations.

What the Malicious Communications Act 1988 Still Covers

Section 1 of the Malicious Communications Act 1988 makes it an offence to send someone a letter, electronic communication or article that conveys an indecent or grossly offensive message, or that is itself indecent or grossly offensive, if the purpose behind sending it is to cause distress or anxiety to the recipient, or to anyone else the sender intends the message to be shown to. That part of the offence, the indecent or grossly offensive limb, remains fully in force today. It can be tried in either court, with a maximum of 2 years in prison on indictment.

The original 1988 offence also covered sending a threat, and sending information the sender knew or believed to be false. Those two limbs were removed by the Online Safety Act 2023, and are explained in the next section, along with the closely related offence under the Communications Act 2003. Older descriptions of the Act that still list a threat or false information limb in section 1 are out of date.

The Online Safety Act 2023 Changes, From 31 January 2024

Section 189 of the Online Safety Act 2023, in force from 31 January 2024, repeals three specific things and only three. First, it repeals section 127(2)(a) and (b) of the Communications Act 2003, the false messages limb, so far as that provision extends to England and Wales and Northern Ireland. Second, it repeals section 1(1)(a)(ii), section 1(1)(a)(iii) and section 1(2) of the Malicious Communications Act 1988, the threat limb, the false information limb, and the defence that went with the threat limb. Third, it repeals the equivalent limbs of the Malicious Communications (Northern Ireland) Order 1988, keeping the two jurisdictions' near identical legislation in step with each other.

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This is a genuinely significant currency point, because a great deal of secondary material online still describes the Malicious Communications Act 1988 in its old, full three limb form. What survives of section 1 today is only the indecent or grossly offensive limb described above; the threat and false information conduct that used to sit alongside it is now prosecuted under the two new Online Safety Act 2023 offences described below.

The New False Communications Offence, Section 179

Section 179 of the Online Safety Act 2023 creates an offence of sending a message the sender knows to be false, intending it to cause non trivial psychological or physical harm to a likely audience, without a reasonable excuse for sending it. It applies in England, Wales and Northern Ireland, and came into force on 31 January 2024. It is a summary offence. In England and Wales, the maximum is currently 6 months in prison, because the provision that would raise magistrates' general summary maximum to 51 weeks, section 281(5) of the Criminal Justice Act 2003, has never been commenced; until it is, 6 months remains the correct figure. In Northern Ireland, the maximum is 6 months or a level 5 fine, or both.

The New Threatening Communications Offence, Section 181

Section 181 of the Online Safety Act 2023 creates a separate offence of sending a message conveying a threat of death or serious harm, where the sender either intends anyone encountering the message to fear the threat would be carried out, or is reckless as to whether they would. It shares the same England, Wales and Northern Ireland extent and the same 31 January 2024 commencement date as section 179. 'Serious harm' for this offence is defined to include grievous bodily harm in the sense used by the Offences against the Person Act 1861, rape, assault by penetration within the meaning of section 2 of the Sexual Offences Act 2003, or serious financial loss, with a defence available for the financial loss limb where the threat was used to reinforce a reasonable demand and the sender reasonably believed it was a proper way to do so. It can be tried in either court, with a maximum of 5 years in prison on indictment.

Other New Communications Offences

The Online Safety Act 2023 also created a further offence at section 183, aimed at sending flashing images intending that a person with epilepsy who views them will suffer harm, whether a specific person known or suspected to have epilepsy or anyone with epilepsy likely to see them. It shares the same England, Wales and Northern Ireland extent and the same 31 January 2024 commencement date as the two offences above. A separate offence at section 184, encouraging or assisting serious self harm, also commenced on 31 January 2024 and, unlike the offences above, applies across the whole UK including Scotland, with a maximum of 5 years on indictment.

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Scotland's Different Position

None of the Online Safety Act 2023 communications offences described above, sections 179, 181 or 183, extend to Scotland. Scotland continues to rely on section 127(1) of the Communications Act 2003, which was not repealed and remains in force across the whole United Kingdom, including Scotland; it covers sending, by means of a public electronic communications network, a message that is grossly offensive, indecent, obscene or menacing. Section 127(2)(a) and (b), sending a message known to be false to cause annoyance, inconvenience or needless anxiety, also still applies in Scotland, because the 2023 repeal did not extend there. The maximum under section 127 is 6 months or a level 5 fine, or both. Alongside that, Scotland has its own general offence for this kind of conduct, section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, threatening or abusive behaviour, which carries a maximum of 12 months on summary conviction or 5 years on indictment.

Getting Help

This page explains the general framework for these offences across the UK; it does not cover every scenario. Anyone facing an actual charge should get independent advice. A duty solicitor is available free at the police station, and criminal legal aid may cover representation at court; see legal aid eligibility for how that works. For the wider picture of criminal law topics on this site, see the UK Criminal Law hub.

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Frequently Asked Questions

Is sending an abusive message still a crime under the Malicious Communications Act 1988?

Yes, in part. Sending a message that is indecent or grossly offensive, with the purpose of causing distress or anxiety to the recipient, is still an offence under section 1 of the 1988 Act. Sending a threat or false information used to be covered by the same section, but that conduct was moved to new Online Safety Act 2023 offences from 31 January 2024.

What changed in the law on 31 January 2024?

Section 189 of the Online Safety Act 2023 repealed the threat and false information limbs of the Malicious Communications Act 1988, the equivalent limbs of Northern Ireland's own 1988 Order, and the false messages limb of the Communications Act 2003, section 127(2)(a) and (b), for England, Wales and Northern Ireland. In their place, the Online Safety Act 2023 created new false communications and threatening communications offences.

Is sending a threatening message online a crime?

Yes. In England, Wales and Northern Ireland, sending a message conveying a threat of death or serious harm is an offence under section 181 of the Online Safety Act 2023. In Scotland, that conduct is not covered by section 181, but can fall under section 127(1) of the Communications Act 2003 or the general threatening and abusive behaviour offence in Scots law.

Does the Online Safety Act 2023 communications offence apply in Scotland?

No, not for sections 179, 181 or 183. Those offences extend to England, Wales and Northern Ireland only. Scotland continues to rely on section 127(1) of the Communications Act 2003, which was not repealed and remains UK wide, plus its own general threatening and abusive behaviour offence under the Criminal Justice and Licensing (Scotland) Act 2010.

What is the maximum sentence for sending a false message under the Online Safety Act 2023?

In England and Wales, the false communications offence under section 179 currently carries a maximum of 6 months, because the provision that would raise it to 51 weeks has never been brought into force. In Northern Ireland, the maximum is 6 months or a level 5 fine, or both.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Malicious Communications Act 1988, section 1 (the surviving indecent or grossly offensive limb)(legislation.gov.uk).gov
  2. Online Safety Act 2023, section 189 (repeal of the threat and false information limbs)(legislation.gov.uk).gov
  3. Online Safety Act 2023, section 179 (false communications offence)(legislation.gov.uk).gov
  4. Online Safety Act 2023, section 181 (threatening communications offence)(legislation.gov.uk).gov
  5. Online Safety Act 2023, section 183 (flashing image offence)(legislation.gov.uk).gov
  6. Communications Act 2003, section 127 (indecent, grossly offensive or menacing messages)(legislation.gov.uk).gov
  7. Criminal Justice Act 2003, section 281 (uncommenced summary maximum uplift)(legislation.gov.uk).gov
  8. Criminal Justice and Licensing (Scotland) Act 2010, section 38 (threatening or abusive behaviour)(legislation.gov.uk).gov
  9. Online Safety Act 2023, section 184 (encouraging or assisting serious self-harm; UK wide)(legislation.gov.uk).gov
  10. Malicious Communications (Northern Ireland) Order 1988, Article 3(legislation.gov.uk).gov
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