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The Malicious Communications Act 1988
An offence of Malicious Communications is committed where someone sends a letter or any other form of communication that is indecent or grossly offensive, threatening, or contains information which is false or believed to be false. In addition, the purpose for sending the message is to cause distress or anxiety.
An offence of Malicious Communications occurs once the communication is sent and does not have to be received by the intended person. It is the sending and intent of the offender which counts as an offence.
For the Prosecution to secure a conviction, it must be proven beyond reasonable doubt that a person sent to another person a letter, electronic communication or article of any description 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; or
- any article or electronic communication which is, in whole or part, of an indecent or grossly offensive nature
If a person is found guilty of this offence, they will receive a criminal record and the Court has the power to impose a prison sentence of up to 2 years.