The Laws

The Rules

Key UK laws that regulate speech.

Malicious Communications Act 1988

Criminalises sending communications intended to cause distress or anxiety.

Section 1: Offence to send indecent or grossly offensive message with intent to cause distress or anxiety.

Criticized for broad scope and subjective terms like “grossly offensive”.

PENALTIES: Maximum 6 months custody and £5,000 fine

Communications Act 2003, Section 127

Criminalises sending grossly offensive, indecent, obscene, or menacing messages via public electronic communications networks.

Scope: Public electronic communications networks (social media, email, etc.).

“Grossly offensive” judged by standards of an open, just, multi‑racial society, considering context.

PENALTIES: Up to 6 months imprisonment and/or fine

Terrorism Act 2000

Proscription offences affecting expression and association.

Section 12: Offence to invite support for proscribed organisation or arrange/manage meetings supporting their activities.

Section 13: Offence to wear, carry, or display articles/symbols arousing reasonable suspicion of support for proscribed organisation.

PENALTIES: Up to 14 years imprisonment

Terrorism Act 2006

Encouragement or glorification of terrorism. Broad drafting risks capturing political speech and academic analysis.

Section 1: Offence to publish statements likely to be understood as encouraging or glorifying terrorism.

Section 2: Criminalises distributing publications that encourage terrorism or provide information useful for terrorism.

PENALTIES: Up to 15 years imprisonment

Public Order Act 1986

Cornerstone of speech regulation addressing stirring up hatred and harassment.

Part 3: Racial hatred offences.

Part 3A: Religious/Sexual Orientation hatred offences.

Section 4A: Intentional harassment, alarm or distress.

Section 5: Harassment, alarm or distress (“Insulting” removed).

PENALTIES: Up to 7 years imprisonment (Part 3), 6 months (Section 5)

Non-Crime Hate Incidents (NCHIs)

Controversial policing tool where incidents are recorded as “hate-motivated” even when no crime has been committed.

Definition: Any perceived hostility based on race, religion, sexual orientation, disability, or transgender identity—regardless of evidence or intent.

Police record these permanently, often based solely on “victim's” perception.

IMPACT: Permanent police record; can appear on enhanced DBS checks

Online Safety Act 2023

Regulates online content with concerning implications for free expression. Imposes duties of care on tech companies.

Duty of Care: Tech companies must prevent users from encountering illegal content and content harmful to children.

New Offenses: Part 10 introduced false/threatening communications offences (replaced MCA 1988 and CA 2003 provisions from January 2024).

ENFORCEMENT: Ofcom can fine up to £18m or 10% of global turnover