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England and Wales decisions
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Conviction for sending anti-abortion letters with graphic images was quashed on appeal because the court found the prosecution unjustified under Article 10.
The Defendant correctly applied the law in concluding that the Interested Party’s posts did not meet the threshold of grossly offensive communications under the Malicious Communications Act 1988 or Communications Act 2003, given the context of ongoing public debate and the protection of freedom of expression under Article 10 ECHR. Any further investigation or prosecution would have been an unjustified and disproportionate interference with the Interested Party’s rights.
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Watson, R (On the Application Of) v Campbell (Rev1) [2025] EWHC 954 (Admin) (16 April 2025)
The High Court dismissed a judicial review challenge to police inaction over social media posts about Brianna Ghey, holding the posts were not grossly offensive.
Section 127(1) applies to private consensual messaging sent via a public electronic communications network; the actus reus is complete upon sending a grossly offensive message, and mens rea is satisfied if the sender intended or was reckless as to its grossly offensive nature. The conviction and sentence of police officers for such messages are lawful and proportionate interferences with their Convention rights, given the societal harm and breach of professional standards.
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Cobban & Anor v Director of Public Prosecutions [2024] EWHC 1908 (Admin) (26 July 2024)
The Divisional Court upheld convictions of two police officers for grossly offensive WhatsApp messages under section 127 of the Communications Act 2003.
Bussetti, R (On the Application Of) v Director of Public Prosecutions [2020] EWHC 3004 (Admin) (29 October 2020)
The High Court held that the case stated was too sparse for a proper appeal and sent it back for amendment, including evidence, admissions and the video.
The Administrative Court sent back a case stated in a section 127 Communications Act appeal, finding it lacked key evidence, admissions and party contentions.
The Divisional Court held that posting a hyperlink to grossly offensive material could amount to causing it to be sent, and uploading such a video to YouTube was sending a message.
Chabloz v Crown Prosecution Service [2019] EWHC 3094 (Admin) (31 October 2019)
The High Court refused judicial review, holding that a hyperlink to offensive songs could amount to causing a message to be sent, and that uploading a video to YouTube was sending under section 127.
Karsten v Wood Green Crown Court [2014] EWHC 2900 (Admin) (01 July 2014)
Appeal by case stated on voice identification and whether an antisemitic telephone message was menacing under section 127(1)(a). Conviction quashed.
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