All Acts
Communications· 2003
CA 2003
Communications Act 2003
Section 127 criminalises improper use of a public electronic communications network — grossly offensive, indecent, obscene or menacing messages, and persistent nuisance calls or messages.
Self-test
Sections
Section 127 — Improper use of public electronic communications network
Offence to send, by means of a public electronic communications network, a message that is grossly offensive, indecent, obscene or of a menacing character; or to persistently use such a network for the purpose of causing annoyance, inconvenience or needless anxiety.
Key points
- Summary only — magistrates' court, max 6 months / unlimited fine.
- 6-month time limit from date evidence sufficient to charge came to prosecutor's knowledge (max 3 years from offence).
- CPS guidance: high threshold for prosecuting social-media posts — consider Article 10 (free expression).
- s.127(1) covers single grossly offensive/menacing message; s.127(2) covers persistent nuisance.