Part 1 Provisions for Combatting Crime and Disorder

Chapter 3 Other provisions for combatting crime and disorder

Further provision about intimidation etc.

43 Malicious communications

1

In subsection (1) of section 1 of the Malicious Communications Act 1988 (c. 27) (offence of sending letters and other articles with intent to cause distress or anxiety)—

a

in paragraph (a), for “letter or other article” there shall be substituted “ letter, electronic communication or article of any description ”; and

b

in paragraph (b), for the word “other article” there shall be substituted “ article or electronic communication ”.

2

In subsection (2) of that section (defence of making a threat in the belief that it was a proper way of reinforcing a demand and that there were reasonable grounds for making that demand)—

a

in paragraph (a), for “which he believed he had reasonable grounds for making” there shall be substituted “ made by him on reasonable grounds ”; and

b

in paragraph (b), after “believed” there shall be inserted “ , and had reasonable grounds for believing, ”.

3

After that subsection there shall be inserted—

2A

In this section “electronic communication” includes—

a

any oral or other communication by means of a telecommunication system (within the meaning of the Telecommunications Act 1984 (c. 12)); and

b

any communication (however sent) that is in electronic form.

4

In subsection (3) of that section (definition of “send”)—

a

after “delivering” there shall be inserted “ or transmitting ”; and

b

for “or delivered” there shall be substituted “ , delivered or transmitted ”.

5

In subsection (5) of that section (penalty for offence), for “a fine not exceeding level 4 on the standard scale” there shall be substituted “ imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both ”.

6

Subsection (5) does not affect the penalty for an offence committed before the day on which this Act is passed.