Post Checker

Sections 4, 4A, 5 & Part III — Threatening behaviour, harassment, incitement to racial hatred

S.4 — Fear/provocation of violence: Using threatening/abusive/insulting words/behaviour towards another with intent to cause belief that immediate unlawful violence will be used or provoked. Summary — up to 6 months.

S.4A — Intentional harassment/alarm/distress: Using threatening/abusive/insulting words/behaviour with intent to cause harassment/alarm/distress, thereby causing it. Summary — up to 6 months. Defence of reasonable conduct.

S.4B — Sex-based harassment (in force 1 Apr 2026): S.4A offence committed because of victim's sex. Either-way — up to 2 years.

S.5 — Harassment/alarm/distress: Using threatening or abusive (not insulting) words/behaviour within hearing/sight of a person likely to be caused harassment/alarm/distress. Fine only (level 3). Defence of reasonable conduct.

Part III — Incitement to racial hatred (ss.17-29): Using threatening/abusive/insulting words/behaviour intended or likely to stir up racial hatred. Either-way — up to 7 years. DPP consent required.

Source: legislation.gov.uk

Section 127(1) — Grossly offensive/indecent/obscene/menacing messages

Sending by means of a public electronic communications network a message that is grossly offensive, indecent, obscene or menacing. Summary — up to 6 months. Extended time limit: 3 years from commission + 6 months from prosecutor knowledge.

Mens rea: Must have intended message to be grossly offensive, or been aware it might be taken as such by a reasonable member of the public (DPP v Kingsley Smith [2017]).

Key cases: DPP v Collins [2006] — "grossly offensive" judged by standards of an open and just multi-racial society. Chambers v DPP [2012] — Twitter menacing. DPP v Bussetti [2021] — "not simply offensive but grossly offensive" required.

S.127(2)(c) — Persistent misuse: Persistent use of network to cause annoyance/inconvenience/needless anxiety. (False messages under s.127(2)(a)-(b) repealed by OSA 2023.)

Source: legislation.gov.uk · CPS guidance

Part 10 — Communications offences (ss.179-184)

False communications (s.179): Sending a message conveying information known to be false, intending it to cause non-trivial psychological or physical harm. Summary — up to 6 months. No requirement that harm actually occurs. Extended 3-year time limit. Extra-territorial.

Threatening communications (s.181): Sending a message conveying a threat of death or serious harm (GBH, rape, assault by penetration, serious financial loss), intending or reckless that the threat would be feared. Either-way — up to 5 years and/or unlimited fine.

Epilepsy trolling (s.183): Sending flashing images intending harm to a person with epilepsy. Either-way — up to 5 years.

Encouraging self-harm (s.184): Encouraging/assisting serious self-harm (GBH-level). Either-way — up to 5 years.

Part 3 — Platform duties: Duties of care on user-to-user and search services for illegal content, child safety, content reporting. Regulated by OFCOM. Fines up to £18M or 10% of global turnover. Journalistic and democratically important content protected.

Source: legislation.gov.uk

Section 1 — Indecent or grossly offensive communications

Sending a letter, electronic communication or article conveying a message which is indecent or grossly offensive (or of an indecent or grossly offensive nature), where the sender's purpose (or one purpose) is to cause distress or anxiety.

Note: The threats and false message limbs (s.1(1)(a)(ii)-(iii)) were repealed by the Online Safety Act 2023 as of 31 January 2024. Only indecent/grossly offensive remains.

Penalty: Either-way — up to 2 years on indictment; up to 12 months summary.

Mens rea: Higher bar than s.127 CA 2003 — must prove purpose to cause distress or anxiety.

Scope: Wider than s.127 — covers letters, articles, and electronic communications (not limited to public electronic communications network).

Source: legislation.gov.uk

Definition of terrorism (TA 2000, s.1): Use/threat of serious violence, damage to property, endangering life, serious risk to public health/safety, serious electronic disruption — designed to influence government or intimidate public for political/religious/racial/ideological cause.

Key offences and penalties:

• TA 2006 s.1 — Encouragement of terrorism (incl. glorification) — up to 15 years
• TA 2006 s.2 — Dissemination of terrorist publications — up to 15 years
• TA 2000 s.12 — Support for proscribed organisation (incl. reckless expression) — up to 14 years
• TA 2000 s.58 — Collecting information useful to a terrorist (incl. viewing/streaming) — up to 15 years
• TA 2000 s.38B — Failure to disclose information about acts of terrorism — up to 5 years

Key amendments: Counter-Terrorism and Border Security Act 2019 extended s.12 to cover reckless expressions of support; clarified s.13 covers online display; s.58 covers viewing/streaming (not just downloading). Counter-Terrorism and Sentencing Act 2021 increased sentences for serious offenders.

Source: TA 2000 · TA 2006 · CPS guidance

Part 3A of the Public Order Act 1986 (ss.29A-29N)

Using threatening words/behaviour, or displaying/publishing/distributing threatening written material, with intent to stir up religious hatred.

Penalty: Either-way — up to 7 years. DPP consent required.

Key difference from racial hatred (Part III): For religious hatred, the words/behaviour must be threatening (not merely abusive/insulting). For racial hatred, abusive/insulting words suffice.

Free speech protection (s.29J): Discussion of, criticism of or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or beliefs is NOT in itself hatred.

Source: legislation.gov.uk

Part 3B of the Public Order Act 1986 (ss.29JA-29N)

Stirring up hatred on grounds of sexual orientation — using threatening words/behaviour, or displaying/publishing/distributing threatening written material, intended to stir up hatred against persons defined by reference to sexual orientation.

Penalty: Either-way — up to 7 years. DPP consent required.

Key requirements: (1) Words/behaviour must be threatening (not merely abusive/insulting). (2) Intent must be proved (not merely likelihood).

Free speech safeguard: Protects discussion, criticism, antipathy, dislike, ridicule, insult or abuse (except threatening).

Source: legislation.gov.uk

Section 26 — Harassment (civil framework)

Unwanted conduct related to a relevant protected characteristic (age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, sexual orientation) that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Civil only — enforced in Employment Tribunal or County Court. Not a criminal offence.

Test: Account taken of perception of victim, other circumstances, and whether it is reasonable for conduct to have that effect.

Remedies: Compensation (including injury to feelings), declaration, recommendation, injunction. No cap on discrimination/harassment claims in employment.

Source: legislation.gov.uk

Libel and slander — protecting reputation against false statements of fact

Serious harm threshold (s.1): Statement not defamatory unless its publication has caused or is likely to cause serious harm to reputation. For trading bodies, serious financial loss required.

Defences:

• Truth (s.2): Imputation is substantially true.
• Honest opinion (s.3): Statement of opinion, indicating basis, which an honest person could have held.
• Public interest (s.4): Statement on matter of public interest, and defendant reasonably believed publishing was in the public interest.
• Website operators (s.5): Defence if operator did not post and complied with notice procedures.

Time limit: 1 year from publication (may extend in exceptional circumstances). Single publication rule (s.8) — limitation runs from first publication.

Remedies: Damages, injunction, order to publish summary of judgment, order to remove statement.

Source: legislation.gov.uk

Strict liability rule (ss.1-2): Publication creating a substantial risk that the course of justice in active proceedings will be seriously impeded or prejudiced — regardless of intent.

"Active" proceedings: From arrest/summons/warrant until acquittal, sentence or discontinuance.

Key defences:

• S.3 — Innocent publication: Publisher had no knowledge or reason to suspect proceedings active.
• S.4(1): Fair and accurate contemporaneous report of legal proceedings in public, published in good faith.
• S.5: Publication part of good-faith discussion of public affairs where risk of prejudice is merely incidental.

S.4(2): Court may postpone reporting to avoid substantial risk of prejudice.

S.10 — Sources: Court cannot require disclosure of journalistic sources unless necessary in interests of justice/national security.

Penalties: Superior court — up to 2 years. Inferior court — up to 1 month and/or £2,500.

Source: legislation.gov.uk

Test of obscenity (s.1): An article is obscene if its effect, taken as a whole, tends to deprave and corrupt persons likely to read/see/hear it.

Prohibited (s.2): Publishing an obscene article OR having an obscene article for publication for gain. Summary — up to 6 months. On indictment — up to 5 years and unlimited fine.

Time limit: 2 years from commission.

Defence of public good (s.4): Publication justified in the interests of science, literature, art or learning. Expert evidence admissible.

Innocent publication defence (s.2(5)): Accused had not examined the article and had no reasonable cause to suspect it was obscene.

Key nuance: The "deprave and corrupt" test differs from "shocking" or "offensive." Material may be disgusting without being obscene.

Source: legislation.gov.uk

Article 10(1) — Freedom of expression: Everyone has the right to freedom of expression, including freedom to hold opinions and to receive and impart information and ideas without interference by public authority.

Article 10(2) — Permitted restrictions: May be subject to restrictions as are prescribed by law and necessary in a democratic society for: national security, territorial integrity, public safety, prevention of disorder or crime, protection of health or morals, protection of reputation or rights of others, preventing disclosure of confidential information, maintaining authority and impartiality of judiciary.

Article 17 — Prohibition of abuse of rights: Hate speech aimed at destroying others' rights may not engage Article 10 at all.

Practical effect: Speech that offends, shocks or disturbs is protected (Redmond-Bate v DPP). Interference must be necessary, proportionate and prescribed by law. Acts as an interpretive lens across all the above legislation.

Source: legislation.gov.uk