What are the Offences under the Communications Act 2003?

Asked by: Dr. Arnulfo Halvorson  |  Last update: January 28, 2026
Score: 5/5 (35 votes)

The primary offences under the Communications Act 2003, mainly Section 127, involve the improper use of public electronic communications networks (like the internet and mobile phones) for sending grossly offensive, indecent, obscene, or menacing messages, or knowingly sending false messages to cause annoyance, inconvenience, or needless anxiety. It also covers persistently misusing such networks for causing distress. While the Online Safety Act has updated rules for false messages, the Communications Act still covers these serious communication-based offenses, focusing on the content and intent behind harmful messages sent via public networks.

What are the Offences of the Communications Act 2003?

Communications Act 2003

127. - (1) A person is guilty of an offence if he- (a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or (b) causes any such message or matter to be so sent.

What does the communications Act of 2003 criminalize?

Section 1 of the Malicious Communications Act 1988 and section 127 of the Communications Act 2003 contain communications offences which criminalise the sending of indecent or grossly offensive messages.

What are the main points of the Communications Act 2003?

Communications Act 2003: The highlights

  • Ofcom. Ofcom is the new unified regulator for media, telecommunications and radio communications. ...
  • Authorisation regime. ...
  • Licence conditions. ...
  • Spectrum licensing and trading. ...
  • Electronic Communications Code. ...
  • Media ownership reform. ...
  • Broadcasting licences. ...
  • Public service remit.

What does section 127 of the Communications Act 2003 cover?

1 Section 127(1) of the Communications Act 2003 criminalises the sending of a message, or other matter, by means of a public electronic communications network, that is grossly offensive, or of an indecent, obscene or menacing character. It is also an offence to cause any such message or matter to be sent.

Communications Act 2003

21 related questions found

What is Section 151 of the Communications Act 2003?

A 'public electronic communications network' is defined in section 151 of the Communications Act 2003 as: “an electronic communications network provided wholly or mainly for the purpose of making electronic communications services available to members of the public”.

What is Section 254 of the Communications Act?

Section 254 re- quires the FCC to compose a Federal-State Joint Board (Joint Board) to recommend changes to the legislation, define the telecommunications services to be supported by federal universal service support mechanisms, and create a timetable for the implementation of its recommendations.

What is Section 363 of the Communications Act 2003?

363Licence required for use of TV receiver

(1)A television receiver must not be installed or used unless the installation and use of the receiver is authorised by a licence under this Part. (2)A person who installs or uses a television receiver in contravention of subsection (1) is guilty of an offence.

What are the five major purposes of communication?

Purposes. Communication serves five major purposes: to inform, to express feelings, to imagine, to influence, and to meet social expectations. Each of these purposes is reflected in a form of communication.

Can I sue for malicious communication?

Under Section 127 of the Communications Act 2003, a person is also guilty of an offence if the purpose of their communication is to cause annoyance, inconvenience or needless anxiety to another. Malicious communications can include: Making hoax calls.

What is considered unlawful communication?

Spoken or written words tending to intimidate, menace, or harm others. The guarantee of freedom of speech in the first amendment to the U.S. Constitution is not absolute. Many state and federal criminal laws prohibit persons from making threats and other unlawful communications.

What is Section 333 of the Communications Act?

No person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this chapter or operated by the United States Government. (June 19, 1934, ch. 652, title III, § 333, as added Pub.

What is Section 32 3 of the Communications Act 2003?

A term defined in UK law as a facility, element or service for use with an electronic communications network or electronic communications service to support or make service provision possible (section 32(3), Communications Act 2003).

What points do you need to prove malicious communications?

To successfully prosecute someone for malicious communications, points to prove include: Proving that the accused's communications were intended to cause distress. Proving that the communications were sent.

What is Section 223 of the Communications Act?

Title 47 U.S.C. § 223 makes it a Federal offense for any person in interstate or foreign communications by means of a telecommunication device to knowingly make, create or solicit and initiate transmission of any communication which is obscene, lewd, or indecent.

What is Section 255 of the Communications Act?

Section 255 of the Communications Act requires telecommunications products and services to be accessible to people with disabilities. This is required to the extent access is “readily achievable,” meaning easily accomplishable, without much difficulty or expense.

What are the 5 C's of communication?

The 5 Cs of Communication are key principles for effective messaging, most commonly defined as Clear, Concise, Concrete, Correct, and Complete, though variations exist, sometimes swapping in terms like Courteous, Confident, or Consistent, all aiming to make messages understandable, impactful, and trusted by ensuring they are unambiguous, brief, specific, accurate, and thorough, with politeness and reliability building stronger relationships. 

What are the 5 F's of communication?

In that spirit, let's talk about the 'five Fs' of communication that you need to be aware of when gathering or giving information: Facts, Fantasy, Feelings, Fiction and Folklore. We all know what facts are. They're beyond doubt. They are known and can be proven to be true.

What are 5 examples of communication?

Examples of communication can include face-to-face discussion, emails, facial expressions, videos, and presentations. Communication is important for success in the workplace through networking and effective communication of ideas.

What does the Communications Act 2003 cover?

The Communications Act 2003: the main legislation dealing with broadcast media in the United Kingdom, giving rise to ofcom and containing a number of controversial new offences in relation to misuse of public electronic communications networks that have been used amongst others to prosecute users of social media ...

What is Section 317 of the Communications Act?

Enforcement. Section 317 of the Communications Act of 1934, as amended, 47 U.S.C. § 317, requires broadcasters to disclose to their listeners or viewers if matter has been aired in exchange for money, services, or other valuable consideration. The announcement must be aired when the subject matter is broadcast.

What is Section 716 of the Communications Act?

Section 716 requires providers of advanced communications services and manufacturers of equipment used for advanced communications services to make their services and equipment accessible to people with disabilities, unless it is not achievable to do so.

What is Section 503 of the Communications Act?

Any person who shall deliver messages for interstate or foreign transmission to any car- rier, or for whom as sender or receiver, any such carrier shall transmit any interstate or foreign wire or radio communication, who shall know- ingly by employee, agent, officer, or otherwise, directly or indirectly, by or through ...

What is Section 705 of the Communications Act?

Section 705 of the Communications Act provides that:

No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. 47 U.S.C. § 605(a).

What is Section 301 of the Communications Act?

Section 301 of the Communications Act of 1934, as amended, (Act) prohibits the use or operation of a radio transmitter, except in accordance with a Commission-granted authorization.