Malicious Communications Act 1988

Malicious Communications Act
Dates
United Kingdom
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.)
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Text of statute as originally enacted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

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] Since the introduction of Facebook, the MCA has been regularly used to penalise many people with 18 weeks in prison.

Criticisms

The MCA has been criticized for its misuse as a means to censor free speech. In 2012 an individual was 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

The MCA was successfully used against Internet troll Sean Duffy who harassed Natasha MacBryde and her family after her death. In the case of DPP v Connolly, the MCA was used to prosecute an anti-abortion campaigner who sent obscene images of fetuses to pharmacists who sold the contraceptive pill.^[3]^[4]

References

↑ 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.
↑ 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

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.

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of the Parliament of Ireland	to 1700 1701–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes Legislation.gov.uk Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament List Acts and Measures of the National Assembly for Wales List Acts of the Northern Ireland Assembly List Acts of the Parliament of Northern Ireland List Orders in Council for Northern Ireland List

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Acts of Sederunt Acts of Adjournal

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