What UK Communications Act 2003 Section 127 - Improper Use of Public Electronic Communications Network (Grossly Offensive Indecent Obscene Menacing Message, False Message for Annoyance, Persistent Use) requires
Section 127 of the Communications Act 2003 (c. 21) creates two summary criminal offences relating to improper use of a public electronic communications network - one of the principal UK online harm criminal offences operating alongside the Malicious Communications Act 1988 and the Online Safety Act 2023 regulatory regime. Under section 127(1), a person is guilty of an offence if he (a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character, or (b) causes any such message or matter to be so sent. Under section 127(2), a person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he (a) sends a known false message by means of a public electronic communications network, (b) causes such a message to be sent, or (c) persistently makes use of a public electronic communications network. Penalty under section 127(3) is summary conviction up to 6 months imprisonment and/or fine not exceeding level 5 on the standard scale. Section 127(4) excludes broadcast programme services. Section 127(5)-(7) extend the standard 6-month summary limitation period to 3 years from offence (subject to 6-month prosecutor-knowledge sub-limit) under the DPP v Collins jurisprudence framework.
Pillar: Telecoms & Digital Infrastructure · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2003/21/section/127
SHA-256 integrity: 2756e5c9ec47295c175b3acf8e15f6350e7b821dc7ac1894a8f4feaf9db41415
Primary Citations — 7 traced to source
- Communications Act 2003 (c. 21) Section 127 (Improper use of public electronic communications network) subsection (1): 'A person is guilty of an offence if he (a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or (b) causes any such message or matter to be so sent.' Published at legislation.gov.uk/ukpga/2003/21/section/127.
- Communications Act 2003 Section 127(2): 'A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he (a) sends by means of a public electronic communications network, a message that he knows to be false, (b) causes such a message to be sent; or (c) persistently makes use of a public electronic communications network.'
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