What is Malice communication?
Asked by: Tessie Hodkiewicz | Last update: February 7, 2026Score: 4.9/5 (8 votes)
Malicious communication involves sending messages (letters, texts, emails, calls) that are indecent, grossly offensive, threatening, or contain known false information, with the specific intent to cause the recipient distress, anxiety, harassment, or fear; it's a criminal offense under laws like the UK's Malicious Communications Act 1988 and similar US statutes, covering anything from obscene content to hoax calls.
What is Malice communications?
1 MCA applies to communications that are grossly offensive, indecent, obscene, menacing or false, provided there is in each case an intention to cause distress or anxiety. The offence is committed by the act of sending, delivering or transmitting, so this does not require the message to reach the intended recipient.
What is an example of malicious communication?
Some examples of malicious communication include:
- threats - verbal or written threats of violence or harm to someone or their property.
- harassment - repeatedly sending messages that are insulting, offensive or upsetting.
- offensive messages - sending messages that are sexually suggestive, extremely rude or discriminatory.
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.
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.
STILL KEEPING MALICE? | COMMUNICATION | RELATIONSHIP
How serious are malicious communications?
Punishments can extend to several years in prison, particularly if the threat is serious or involves children. In one case from 2022, a man received a two-year sentence after posting multiple threatening messages online. Harassment and Bullying: Subsequent malicious communications can result in harassment charges.
What evidence do you need for harassment?
To prove harassment, you need a detailed log of incidents (dates, times, locations, what happened), supported by tangible evidence like emails, texts, photos, videos, and witness statements, plus documentation of your complaints and the harasser's responses, showing the conduct was unwelcome, severe/pervasive, and based on a protected characteristic (like sex, race, etc.). Medical records showing impact and formal reports to HR/police also significantly strengthen a case.
Are text messages a form of harassment?
Written harassment, such as graffiti, comments on social media (e.g., Tweets, Facebook), YouTube videos, text messages, emails, or other online communications.
How to report malicious communications?
Reporting issues
You can report this to the Police online or by calling 101. The most relevant offences are 'harassment' and 'malicious communications'.
Is it illegal to send nasty text messages?
Sending "dirty" texts is generally legal between two consenting adults but becomes illegal if it involves a minor, is non-consensual (like revenge porn or blackmail), or escalates to harassment, stalking, or threats, with laws varying by state but often carrying serious penalties, including sex offender registration for serious offenses involving minors.
How much evidence is needed to prosecute?
“Beyond a reasonable doubt” is the highest standard of proof in the UK legal system and the threshold required for a criminal conviction. This means the prosecution must present evidence so compelling that no reasonable person would hesitate to find the defendant guilty.
What is an example of someone being malicious?
Malicious examples range from digital threats like ransomware, spyware, and viruses (e.g., WannaCry, Stuxnet) to harmful human actions like spreading false rumors, engaging in vandalism, or orchestrating fraud and disinformation campaigns, all driven by intent to cause harm, steal data, or disrupt systems. In cybersecurity, examples include phishing emails, malvertising, and botnets like Mirai, while in social contexts, they involve deliberate bullying or malicious gossip.
How many messages are classed as harassment?
The behaviour must happen on more than one occasion. It can be the same type of behaviour or different types of behaviour on each occasion. For example, one text message intended to distress you is not harassment. Two text messages may be harassment.
What is malice behavior?
Malice behavior means acting with the intent or desire to cause harm, pain, injury, or distress to someone, often stemming from ill will, spite, or a desire for revenge, without legal justification. It involves a conscious, wrongful act driven by hostility, an evil motive, or a deliberate disregard for another's well-being, contrasting with accidents or actions with benign intentions.
What is emotional malice?
understand the concept of Malice as an emotion. Malice is a feeling of intense hatred or ill. will towards someone, often accompanied by a desire to harm them in some way.
Can you press charges on someone who keeps texting you?
The law says that it's illegal for a person to repeatedly send someone texts (or rather electronic communications in general). For your actions to be considered a crime, the person you sent the messages to must have been affected somehow.
What is grossly offensive communication?
There is no statutory definition of what constitutes a 'grossly offensive' communication. Each case must be assessed on its merits, considering the content of the communication and the context in which it was sent.
How many times can someone text you before it's harassment?
There's no magic number of texts for harassment, as it depends on content, frequency, and impact, but generally, repeated, unwanted messages that cause you distress, anxiety, or fear are considered harassment, especially after you've asked them to stop. While a single threatening text can be harassment, multiple, persistent, non-threatening texts can also qualify, with legal definitions often requiring at least two related incidents (a "course of conduct") that a reasonable person would find alarming or distressing.
What evidence do I need for blackmail?
To prove blackmail, you need evidence showing threats to reveal damaging information unless demands for money, property, or favors are met, with key evidence including screenshots, messages, emails, recordings, and transaction records that detail the timeline and intent, plus identifying information about the perpetrator. The crucial elements are the threat, the demand (money, property, or action), and the intent to cause fear or gain something illicit, often proven through digital communications and financial trails.
Is malicious communication serious?
Malicious communication relates to the sending of indecent, offensive or threatening letters, electronic communication or articles with the intent to cause the recipient distress or anxiety. This is a criminal offence, which could result in prosecution and a criminal record.
What counts as malicious?
“Maliciously” is an element of various offences in the Offences Against the Person Act 1861, and where it is concerned with doing an act it means intending to cause the relevant harm or at least foreseeing the risk of causing that harm.
What is proof of harassment?
The most valuable type of evidence in a criminal harassment case is direct witness testimony. Email, social media, and other messages are admissible as evidence in court. Witnesses will describe what occurred and how it made them feel.
What can the police do about harassing texts?
In cases where the police determine that intervention is necessary, they may request telephone records from mobile phone companies to trace the source of the harassing texts and reveal the identity of the antagonist. However, obtaining these records typically requires legal permission, and the process can take time.
What are the 5 ds of harassment?
The 5Ds are different methods – Distract, Delegate, Document, Delay, and Direct – that you can use to support someone who's being harassed, emphasize that harassment is not okay, and demonstrate to people in your life that they have the power to make their community safer.