Communications Act Offences

Meet the team

DPP Law employs specialist indecent communications solicitors and malicious communications solicitors as well as experts in other areas of the Communications Act.

We have extensive experience of providing thorough indecent communications legal advice, and can help you to collect evidence proving that certain correspondence was falsified, taken out of context or misinterpreted.

Should you be prosecuted, we will work alongside you to build a strong defence, and will represent you in court.

What is malicious communications?

The Communications Act 2003 and the Malicious Communications Act 1988 contain legislation regulating the way in which individuals and companies are legally permitted to communicate with each other – including details of prohibited behaviour such as improper approaches to communication.

If you have been accused of malicious or indecent communications, legal advice should be sought immediately.

You may face malicious Communications Act punishment if you are believed to have:

  • Sent a grossly offensive, indecent, obscene or menacing message
  • Sent a false message that purposefully causes annoyance, inconvenience or needless anxiety
  • Gained access to the internet without making the required payment

In connection with a breach of the Communications Act, you may be prosecuted for:

  • Stalking, harassment or cyberbullying
  • Blackmail
  • Making threats of violence
  • Inciting hatred or violence

Malicious communications sentencing guidelines state that the penalties for any of the above offences may be severe, and that any individual found guilty may also be served with a community order or other court order, or temporarily banned from using particular platforms to communicate.

If you are accused of any of the above transgressions, it’s important to make contact with indecent communications solicitors as soon as possible.

Frequently Asked Questions

What is the punishment for breaching the Communications Act?

According to malicious communications sentencing guidelines, a person found guilty of sending this type of message may be sentenced to up to six months in prison.

They may also be fined, served with a court order or banned from the platform in question. To avoid receiving this punishment unfairly, it is highly recommended that you seek out specialist malicious communications solicitors in order to receive indecent communications legal advice.

What constitutes malicious communication?

The Communications Act 1988 defines a malicious communication as a “letter, electronic communication or article of any description which conveys:

1. a message which is indecent or grossly offensive, 2.  a threat, 3. information which is false and known or believed to be false by the sender; or 4. any article or electronic communication which is, in whole or part, of an indecent or grossly offensive nature” which is intended to “cause distress or anxiety to the recipient or to any other person to whom (a person) intends that it or its contents or nature should be communicated.”

If your malicious communications solicitors can prove that the messages you are accused of sending do not fall under any of the above categories, it is more likely that you will be acquitted.

What should I do if I’ve been accused of indecent communication?

If you are concerned that you may face a Malicious Communications Act punishment, you should first look into malicious communications solicitors to help you to collect evidence of your innocence and decide what steps to take next, and will represent you in a courtroom if necessary.

Because malicious communications sentencing guidelines may see you jailed for up to six months, engaging experts to work with you towards a powerful defence is vital.

To find out more information about how the malicious communications solicitors at DPP Law can help you to clear your name and achieve the best possible outcome for any court case or investigation, simply contact us today.

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