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Update on the Law Commission’s Review of Modernising Communications Offences
04 February 2022
Type
Written Ministerial Statement
Department
Department for Digital, Culture, Media and Sport
At a Glance
Issue Summary
The government will accept recommendations from the Law Commission’s report on modernising communications offences, focusing on harmful online behaviour while protecting freedom of expression.
Action Requested
The government plans to introduce new harm-based, false, and threatening communications offences through the Online Safety Bill, repeal existing communication offences, and consider further recommended offences such as cyberflashing. A full response to the Law Commission will be issued later this year.
Key Facts
- The Law Commission’s ‘Modernising Communications Offences’ report was published in July 2021.
- New offences will protect freedom of expression by increasing the threshold of harm to serious distress and including a reasonable excuse defence.
- A press exemption is included within the general harm-based communications offence and the knowingly false communications offence.
- Existing communication offences, such as section 1 of the Malicious Communications Act 1988 and sections 127(1) and (2) of the Communications Act 2003, will be repealed.
- The government is carefully considering additional recommended offences including cyberflashing.
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