12/05/25
The Online Safety Act (OSA) 2023 introduced a series of new communications offences which came into force on 31 January 2024. Although the Malicious Communications Act 1988 and Communications Act 2003 continue to reprimand ‘grossly offensive’ and ‘indecent’ messages, the OSA 2023 set out a distinct offence of ‘False Communications’, found under section 179.
Under the OSA 2023, a person commits this offence if:
- The person sends a message that conveys information that the person knows to be false;
- At the time of sending it, the person intended the message, or the information in it, to cause non-trivial psychological or physical harm to a likely audience, and;
- The person has no reasonable excuse for sending the message.
The offence replaces a provision in the Communications Act 2003, Section 127(2), which criminalised ‘false messages’ causing ‘needless anxiety’. Nevertheless, the new offence is more harshly punished than its predecessor, carrying a prison sentence of up to 51 weeks, a fine, or both.
Convictions
Following the Southport stabbings in 2024 and subsequent riots, it is reported that several individuals were prosecuted for sharing ‘fake news’ concerning the identity and faith of the attacker. These are believed to be among the first convictions under the legislation.
This new legislation is going to see an increase in arrests of individuals making comments and posting online. This is already something that we have seen an increase of in relation to people expressing views online about others, following the breakdown of their relationships or friendships.
What Roe Lawyers Can Do For You
The rules around the Offence of False Communications are not straightforward. If you or someone you know needs guidance in relation to this offence, Roe Lawyers has the expertise and experience to help you with your case. Please contact us and we will get in touch with you as soon as possible.