Malicious Communications & Online Harassment

An allegation of malicious communications or online harassment can have severe and immediate consequences. In an age where digital interaction is constant, a message, email, or social media post sent in anger or frustration can quickly lead to a criminal investigation. These allegations are taken seriously by the police and can result in a criminal conviction, a prison sentence, and a damaged reputation. If you are under investigation or have been charged with an offence of this nature, securing expert legal advice is the most important action you can take to protect yourself.

At Central Chambers Law, our senior legal consultants are experts in defending individuals accused of offences under modern communications laws. We understand the technical and legal nuances of these cases, the importance of context, and how to build a powerful defence against allegations that often hinge on interpretation. Our function is to provide authoritative, discreet representation, meticulously challenging the prosecution’s case to safeguard your rights and your future.

The Law: Malicious Communications & Online Harassment

These offences are primarily governed by two key pieces of legislation, which cover different types of harmful or offensive communication.

The Malicious Communications Act 1988

This Act makes it an offence to send a letter, electronic communication, or article of any description to another person which conveys:

• A message which is indecent or grossly offensive;
• A threat; or
• Information which is false and known or believed to be false by the sender.

Crucially, the offence is committed if the sender’s purpose, or one of their purposes, is to cause distress or anxiety to the recipient.

Section 127 of the Communications Act 2003

This Act creates a separate offence of sending, 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. Unlike the 1988 Act, the prosecution does not need to prove that you intended to cause distress; the focus is on the nature of the message itself.

Breaking Down the Offences

Understanding what the prosecution must prove is key to building your defence.

What is "Grossly Offensive" or "Indecent"?

There is no fixed legal definition. It is a matter for the court to decide based on the standards of a reasonable person in an open and just multicultural society. The context in which the message was sent is highly important. What might be considered grossly offensive in one context could be seen as a joke or harmless in another.

What is a "Threat"?

This includes threats of violence against a person or threats to damage property. The threat does not have to be carried out for the offence to be committed.

The Mental Element (Intent)

For the Malicious Communications Act, the prosecution must prove you intended to cause distress or anxiety. For the Communications Act, the focus is on the character of the message, but it must be proven that you intended the message to be sent to the recipient.

The Penalties for a Conviction

These are "summary-only" offences, meaning they are dealt with in the Magistrates' Court. However, the penalties are still significant and can have a lasting impact.

• Prison Sentence: The maximum sentence for these offences is six months' imprisonment. More serious cases, especially those involving threats or persistent conduct, can certainly attract a custodial sentence.
• Criminal Record: A conviction will result in a criminal record, which can affect your employment prospects, particularly in roles requiring DBS checks, and may create issues with international travel.
• Fines: The court has the power to impose substantial fines.
• Restraining Orders: It is common for a court to issue a restraining order, preventing you from contacting the complainant. A breach of this order is a more serious offence that carries a maximum sentence of five years in prison.

Building a Defence to the Allegation

An allegation is not proof of guilt. These cases often turn on the interpretation of language and context, and a skilled solicitor can build a strong defence.

Potential defences include:

• Not Grossly Offensive: Arguing that the message, when viewed in its full context, does not meet the high threshold of being "grossly offensive" or "indecent."
• Lack of Intent: For an offence under the 1988 Act, arguing that you did not intend to cause distress or anxiety.
• Factual Dispute: Challenging the prosecution’s claim that you were the person who sent the message, or contesting the complainant's interpretation of events.
• Freedom of Expression: In some cases, it can be argued that the communication falls within the right to freedom of expression, although this right is not absolute and does not protect grossly offensive or threatening messages.

Why Central Chambers Law Provides the Definitive Defence

Defending a malicious communications allegation requires a legal team that can forensically analyse digital evidence and present a compelling argument about context and intent.

Clients trust Central Chambers Law because we provide a strategic, non-judgmental, and meticulously prepared defence. Our reputation is built on our ability to deconstruct the prosecution's narrative and achieve the best possible outcome for our clients. Our approach involves:

• Immediate, Expert Advice: We provide urgent, confidential advice from the moment you are contacted by the police. What you say in an interview can be critical, and we ensure you are fully protected.
• Forensic Evidence Analysis: We rigorously examine all digital evidence, including the specific messages, the history of communication between the parties, and any social media context, to build your defence.
• Proactive Case Preparation: We do not simply react to the prosecution’s case. We actively investigate the circumstances and gather evidence that provides crucial context and supports your version of events.
• Skilled Courtroom Advocacy: Our senior advocates are experts at presenting arguments about language, intent, and context to magistrates. We know how to persuasively challenge the prosecution’s interpretation and put your case in the strongest possible light.

Our focused expertise means we are perfectly equipped to provide the intelligent and robust representation needed to protect your liberty and your good name.

Protect Your Future with Immediate Legal Advice

If you have been arrested, charged, or asked to attend a police interview for malicious communications or online harassment, you are facing a serious legal challenge. Do not underestimate the potential consequences of a conviction.

Contact our expert criminal defence solicitors immediately for an urgent and confidential consultation. Taking swift action is the most important step towards building a strong defence.

‍