Malicious Communications Act 1988

Overview

The Malicious Communications Act 1988 and similar statutory instruments make it a criminal offence for individuals to send messages which are indecent, grossly offensive or contain threats (essentially messages sent for the purpose of causing distress or anxiety). The Act makes provision for the punishment of persons who send or deliver such letters or other articles, and thus criminal prosecution under this legislation can result in a criminal record, a fine and potentially a prison sentence. 

For the sake of this guidance, electronic communication includes:

• any oral or other communication by means of an electronic communications network; and
• any communication (however sent) that is in electronic form.

Benefits of compliance:

• Reduced exposure to criminal liability and reputational harm.
• Clear expectations for acceptable written communications.
• Improved safeguarding of employees, customers, and the public.
• Stronger controls over internal and external messaging.
• Support for safer online and offline communication environments.
• Alignment with responsible conduct and behavioural standards.
• Easier handling of complaints, investigations, and incidents.