header-logo header-logo

Malicious communications: what’s beyond the pale?

26 April 2024 / Nicholas Dobson
Issue: 8068 / Categories: Features , Public , Human rights , Equality
printer mail-detail
169187
Exactly how thick-skinned do local politicians need to be? Nicholas Dobson looks at recent case law
  • For a conviction under s 1 of the Malicious Communications Act 1988, a message must not only be ‘grossly offensive’ but also intended to cause distress or anxiety to the recipient or (an)other(s).
  • Special tolerance may be required for speech on political issues.

Freedom of expression is ‘one of the essential foundations’ of a democratic society. Says who? The European Court of Human Rights, in Handyside v the United Kingdom (5493/72). So, Art 10(1) of the European Convention on Human Rights (incorporated into UK law by the Human Rights Act 1998) gives everyone the right to freedom of expression, subject to Art 10(2) restrictions as ‘prescribed by law’ and ‘necessary in a democratic society’ for (among other things) ‘the prevention of disorder or crime’ or ‘the protection of the reputation or rights of others’.

But what about potentially offensive or shocking speech? Handyside indicates that, subject to Art 10(2), the right to freedom of expression

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Slater Heelis—Chester office

Slater Heelis—Chester office

North West presence strengthened with Chester office launch

Cooke, Young & Keidan—Elizabeth Meade

Cooke, Young & Keidan—Elizabeth Meade

Firm grows commercial disputes expertise with partner promotion

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

NEWS
The House of Lords has set up a select committee to examine assisted dying, which will delay the Terminally Ill Adults (End of Life) Bill
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
back-to-top-scroll