The false communications offence explained
The Online Safety Act (OSA) 2023 brought in a set of new communications offences, which took effect on 31 January 2024. The Malicious Communications Act 1988 and the Communications Act 2003 still cover messages that are 'grossly offensive' or 'indecent', but the OSA 2023 created a separate offence of false communications under section 179.
What is the false communications offence?
Under the OSA 2023, a person commits the offence if:
They send a message conveying information they know to be false;
At the point of sending, they intended the message, or the information in it, to cause non-trivial psychological or physical harm to a likely audience; and
They have no reasonable excuse for sending it.
This offence replaces section 127 ( 2 ) of the Communications Act 2003, which criminalised false messages causing 'needless anxiety'. The replacement is treated more seriously than the provision it succeeds: the false communications offence carries up to 51 weeks in prison, a fine, or both. The older thresholds under the Communications Act 2003, including the section 127 offence and the separate malicious communications offence, still sit alongside it, which means the same set of facts can engage more than one piece of legislation.
Convictions so far
In the aftermath of the Southport stabbings in 2024 and the disorder that followed, a number of people were reported to have been prosecuted for spreading false claims about the identity and faith of the attacker. These are understood to be among the earliest convictions under the new provision.
We expect this legislation to drive a marked increase in arrests connected to online comments and posts. We are already seeing this pattern, particularly where people post about others online after a relationship or friendship has broken down, and the line between strong opinion and criminal conduct is easily misjudged.
How Orwins can help
The false communications offence is not as straightforward as it may seem, and sending false information intended to cause non-trivial harm can be charged in circumstances many people would not expect to be criminal. If you or someone you know needs guidance on this offence, our team has the expertise and experience to help.
Speak to our general crime team for advice on an allegation or charge under the Online Safety Act or the Communications Act.
