Malicious Communications Act 1988


The Malicious Communications Act 1988 is a British Act of Parliament that makes it illegal in England and Wales to "send or deliver letters or other articles for the purpose of causing distress or anxiety". It also applies to electronic communications. Critics claim its passing constituted a severe violation of the ancient English right to free expression.

Scope of application

The original purpose of the MCA was to prevent the sending of printed matter, but the scope of the act has been extended to cover electronic communications. The MCA can be used to charge people for comments made via social networking sites that are “racially motivated” or "religiously motivated."

Criticisms

The MCA has been criticised for its misuse as a means to censor free speech. In 2012 an individual was arrested under the Act for saying that Olympic diver Tom Daley let his late father down by not winning a medal at the London Olympics.

Highlighted cases

The MCA was successfully used against Internet troll Sean Duffy who harassed the family of Natasha MacBryde after her death. In the case of DPP v Connolly, the MCA was used to prosecute an anti-abortion campaigner who sent obscene images of fetuses to pharmacists who sold the contraceptive pill.