All Acts
Communications· 2023
OSA 2023
Online Safety Act 2023
Created new offences targeting harmful online communications: false communications, threatening communications, cyberflashing, and epilepsy-trolling. Replaced parts of MCA 1988 and CA 2003 for content sent on or after 31 January 2024.
Self-test
Sections
Section 179 — False communications offence
Offence to send a message containing information the sender knows to be false, intending to cause non-trivial psychological or physical harm to a likely audience, without reasonable excuse.
Key points
- Either-way; max 51 weeks on summary, 12 months on indictment (unlimited fine).
- Recognised news publishers exempt.
- Replaces s.1(1)(a)(iii) MCA 1988 for messages sent on/after 31 Jan 2024.
Section 181 — Threatening communications offence
Offence to send a message conveying a threat of death or serious harm, intending the recipient (or someone else) to fear it would be carried out, or being reckless as to whether they would.
Key points
- Either-way; max 5 years on indictment.
- Serious harm = serious injury (incl. psychiatric), rape/sexual assault, serious financial loss.
- Stronger than MCA s.1 — recklessness is sufficient.
Section 187 — Sending or showing flashing images (epilepsy trolling)
Offence to send/show flashing images to a person with epilepsy, intending to cause harm.
Key points
- Either-way; max 5 years.
- Named 'Zach's law' after Zach Eagling.