Communications Act 2003, section 127

Improper use of public electronic communications network

Part 2 Networks, services and the radio spectrum

(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.

(2)A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

[F505 (a)sends by means of a public electronic communications network, a message that he knows to be false,F505]

[F505 (b)causes such a message to be sent; orF505]

(c)persistently makes use of a public electronic communications network.

(3)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(4)Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

[F506 (5)An information or complaint relating to an offence under this section may be tried by a magistrates' court in England and Wales or Northern Ireland if it is laid or made—

(a)before the end of the period of 3 years beginning with the day on which the offence was committed, and

(b)before the end of the period of 6 months beginning with the day on which evidence comes to the knowledge of the prosecutor which the prosecutor considers sufficient to justify proceedings.

(6)Summary proceedings for an offence under this section may be commenced in Scotland—

(a)before the end of the period of 3 years beginning with the day on which the offence was committed, and

(b)before the end of the period of 6 months beginning with the day on which evidence comes to the knowledge of the prosecutor which the prosecutor considers sufficient to justify proceedings,

and section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date when proceedings deemed to be commenced) applies for the purposes of this subsection as it applies for the purposes of that section.

(7)A certificate of a prosecutor as to the date on which evidence described in subsection (5)(b) or (6)(b) came to his or her knowledge is conclusive evidence of that fact.F506]

Definitions used in section 127 5

public electronic communications network

“public electronic communications network” means an electronic communications network provided wholly or mainly for the purpose of making electronic communications services available to members of the public;

Defined in s.151(1) · see it in the full Act
persistently

“persistent” and “persistently”, in relation to misuse of an electronic communications network or electronic communications service, are to be construed in accordance with section 128(6) and (7);

Defined in s.151(1) · see it in the full Act
provide

“provide” and cognate expressions, in relation to an electronic communications network, electronic communications service or associated facilities, are to be construed in accordance with section 32(4);

Defined in s.405(1) · see it in the full Act
programme service

“programme service” means—

(a)

a television programme service;

(b)

...

(c)

an additional television service;

(d)

a digital additional television service;

(e)

a radio programme service; or

(f)

a sound service provided by the BBC;

and expressions used in this definition and in Part 3 have the same meanings in this definition as in that Part;

Defined in s.405(1) · see it in the full Act
information

“information” includes accounts, estimates and projections and any document;

Defined in s.405(1) · see it in the full Act

Cases considering section 127 23

Director of Public Prosecutions (Appellant) v. Collins (Respondent)

[2006] UKHL 40 · 19 July 2006Interprets

The offence is complete when a person intentionally sends, through a public electronic communications network, a message whose terms are grossly offensive. Receipt and actual offence are immaterial. Gross offensiveness is assessed objectively in context, and the sender must intend offensiveness or recognise its risk (see paras [7]–[13]). The express requirements of an unlawful purpose and knowledge were contrasted with the silence of Section 127(1)(a) concerning mens rea. That contrast did not displace the presumption that a culpable state of mind was required under Section 127(1)(a) (see paras [10]–[11]).

Lynsay Watson, R (on the application of) v The Chief Constable of Cambridgeshire Constabulary

[2026] EWHC 1076 (Admin) · 12 May 2026

The court held that the police were entitled to conclude that the tweets did not meet the high criminal threshold for grossly offensive communications, having regard to their political context. (see paras [14]-[16]; [22]-[24])

Lynsay Watson, R (on the application of) v The Chief Constable of Greater Manchester Police

[2025] EWHC 954 (Admin) · 16 April 2025

Applies the grossly offensive threshold and Article 10 compatibility principles to online communications. Further action was unjustified where the posts, assessed in context, did not cross that threshold (see paras [33], [36], [40], [73]-[75]).

3 more judgments, and what each says about section 127, are in the case-law panel in the full Act.

Explanatory note

306.Anyone who sends a message or other matter that is grossly offensive or is of an indecent, obscene or menacing character (other than in the course of providing a programme service) by means of a public electronic communications network, or who causes such a message or matter to be sent, is guilty of an offence. It is also an offence under subsection (2) for anyone to send or cause to be sent false messages by means of a public electronic communications network or persistently to make use of a public electronic communications network for the purpose of causing annoyance, inconvenience or needless anxiety.

  • *A programme service has the same meaning as in the Broadcasting Act 1990.

307.This section replaces section 43 of the Telecommunications Act 1984, which is repealed by Schedule 19.

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F505S. 127(2)(a)(b) repealed (E.W.N.I.) (31.1.2024) by Online Safety Act 2023 (c. 50), ss. 189(1), 240(1); S.I. 2024/31, reg. 2
  2. F506S. 127(5)-(7) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 51(1), 95(1) (with s. 51(2)); S.I. 2015/778, art. 3, Sch. 1 para. 42

Commencement

  1. I226S. 127 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)) text for certain specified purposes only, see the commentary.
  2. I227S. 127 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)