Malicious Communications Act 1988
 | |
| Long title | An Act to make provision for the punishment of persons who send or deliver letters or other articles for the purpose of causing distress or anxiety. |
|---|---|
| Citation | 1988 c. 37 |
| Territorial extent | England, Wales, Northern Ireland (section 2 only) |
| Dates | |
| Royal assent | 29 July 1988 |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Malicious Communications Act 1988 (MCA) is a British Act of Parliament that makes it illegal in England and Wales to "send or deliver letters or other articles for the purpose of causing distress or anxiety". It also applies to electronic communications.
Scope of application
[edit]The original purpose of the MCA was to prevent the sending of printed matter, but the scope of the act has been extended to cover electronic communications. The MCA can be used to charge people for comments made via social networking sites that are “racially motivated” or "religiously motivated."[1]
Criticisms
[edit]The MCA has been criticised for its aim as a means to censor free speech, a core civil liberty. In 2012 an individual was falsely arrested under the Act for saying that Olympic diver Tom Daley let his late father down by not winning a medal at the London Olympics.[2]
Highlighted cases
[edit]The MCA was used in 2011 against Internet troll Sean Duffy, who posted comments mocking the deaths of multiple teenagers. Duffy was sentenced to 18 weeks in prison and prohibited from registering on any social media site for five years.[3] In the case of DPP v Connolly, the MCA was used to prosecute an anti-abortion campaigner who sent obscene images of foetuses to pharmacists who sold the contraceptive pill.[4][5]
See also
[edit]References
[edit]- ^ Awan, I. (2014). Islamophobia and Twitter: A Typology of Online Hate Against Muslims on Social Media. Policy & Internet, 6(2), 133-150.
- ^ Gillespie, A. A. (2012). Twitter, Jokes and the Law. The Journal of Criminal Law, 76(5), 364-369.
- ^ Younger, Rachel (13 September 2011). "Memorial Site Cyber Bully Sent To Prison". Sky News. Yahoo News. Retrieved 27 July 2025.
- ^ Keane, M., & Long, J. (2011). Health and homelessness: the Simon snapshot study. Drugnet Ireland, 9-10.
- ^ Heffernan, L. (2011). Police accountability and the Irish law of evidence. Crime, law and social change, 55(2-3), 185-197.
External links
[edit]
The full text of Malicious Communications Act 1988 at Wikisource- Full text of Malicious Communications Act 1988 (c. 27) Text of the Malicious Communications Act 1988 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Man jailed over tsunami e-mails
- Quinn, Ben (11 November 2012). "Kent man arrested after picture of burning poppy posted on internet". The Guardian.
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