Malicious Communications Act 1998
Introduction
The Internet and phone communications have provided opportunities for those people who want to harass others in some way. This can include sending malicious emails or texts, following them around on the Internet via their social websites and posting hurtful messages (called 'cyber-stalking'), posting hurtful messages to people they know, pretending to be someone they are not and posting hurtful messages and posting intimate pictures of someone, perhaps from when they were in a relationship. Sending messages as in the above examples is against the law and can lead to a criminal record.
Legislation
Section 1 of the Malicious Communications Act 1998 says it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person. Section 85 of the Communications Act 2003 and Section 85 of the Postal Services Act 2000 detail similar specific offences related to sending postal or telephone messages which are indecent, offensive or threatening. Both offences are punishable with up to six months imprisonment and/or a fine. Because the Malicious Communications Offence covers more areas than the Telecommunications offence it is more likely to be used by the Police than the Postal Services or Communications Act offences.
In most cases involving malicious communications, there will be multiple offensive or threatening letters or telephone calls and therefore the police will usually charge the offender with an offence under Section 2 of the Protection from Harassment Act 1997. One reason is that when someone is convicted of an offence under the Protection from Harassment Act, the court can make a Restraining Order to stop them from contacting their victim again. Breach of a Restraining Order is punishable with up to Five years imprisonment. A Restraining Order can't be made for a conviction under the Postal Services or Communications Act offences.
If the messages e-mails or phone calls suggest violence might be used against the victim, the police can charge the accused under Section 4 of the Protection from Harassment Act 1997. This can lead to Five years imprisonment and a Restraining Order can be imposed.