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Online and malicious communications offences
Sending an indecent or grossly offensive message to cause distress is an offence under the Malicious Communications Act 1988 s.1 (maximum 2 years); Communications Act 2003 s.127 is a summary offence (6 months). Since 31 January 2024 the Online Safety Act 2023 has added threatening communications (5 years), false communications, cyberflashing and intimate image offences, and deepfake offences followed in 2026.
The older offences
- Malicious Communications Act 1988 s.1: sending an indecent or grossly offensive letter, electronic message or article to cause distress or anxiety. Either way; maximum 2 years. The threat and false information parts were repealed from 31 January 2024.
- Communications Act 2003 s.127: sending over a public network a grossly offensive, indecent, obscene or menacing message (s.127(1)), or persistent use to cause annoyance, inconvenience or needless anxiety (s.127(2)(c)). The false message offences (s.127(2)(a) and (b)) were repealed in England and Wales from 31 January 2024. Summary only; maximum 6 months.
- Gross offensiveness is judged by the standards of an open and just multiracial society, in context; the sender must intend it to be grossly offensive or be aware it may be taken so (DPP v Collins [2006] UKHL 40). A message is menacing only if it creates fear or apprehension in those likely to see it (Chambers v DPP [2012] EWHC 2157 (Admin)).
Online Safety Act offences (from 31 January 2024)
- False communications (s.179): a message known to be false, sent without reasonable excuse, intending non-trivial harm to a likely audience. Summary only; 6 months.
- Threatening communications (s.181): a threat of death or serious harm (such as rape or serious financial loss), intending or reckless as to fear. Either way; 5 years.
- Encouraging or assisting serious self-harm (s.184). Either way; 5 years.
- Cyberflashing (Sexual Offences Act 2003 s.66A): sending an image of genitals to cause alarm, distress or humiliation, or for sexual gratification while reckless as to that. Either way; 2 years.
- Sharing intimate images (s.66B), including fakes: without consent, summary only (6 months); to cause alarm, distress or humiliation, for sexual gratification, or threatening to share, either way (2 years).
Deepfakes
- Creating, or requesting, a deepfake intimate image of an adult without consent is a summary offence from 6 February 2026 (ss.66E and 66F).
- Making or supplying a tool to generate them is either way from 29 June 2026; maximum 3 years (s.66I).
Complainants of the Sexual Offences Act offences above have lifelong anonymity; some convictions trigger notification.
Time limits
Either way offences have no time limit. Charges under s.127 and s.179 must be brought within 6 months of the prosecutor having enough evidence, and within 3 years of the offence. Other summary offences normally have a 6-month limit.
Changes not yet in force
The Crime and Policing Act 2026 creates offences of taking or recording intimate images without consent and a broader self-harm offence.
In practice
Screenshots, phone downloads and platform records are the usual evidence. Repeated messages may be harassment (see Harassment, stalking and controlling or coercive behaviour).
Authorities: Malicious Communications Act 1988 s.1; Communications Act 2003 s.127; Online Safety Act 2023 ss.179, 181, 184, 189 and Online Safety Act 2023 (Commencement No. 3) Regulations 2024 (S.I. 2024/31); Sexual Offences Act 2003 ss.66A, 66B, 66E, 66F, 66I and Sch.3 paras 33A, 33B; Data (Use and Access) Act 2025 s.138; Crime and Policing Act 2026 s.99 (in force 29 June 2026, S.I. 2026/689); Sexual Offences (Amendment) Act 1992 ss.1, 2; DPP v Collins [2006] UKHL 40; Chambers v DPP [2012] EWHC 2157 (Admin); Crime and Policing Act 2026 s.135 and Sch.13 para 3 (not yet in force)