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Malicious Phone Calls

Contents

1. Introduction to the legislation

2. Section 43 Telecommunications Act 1984

3. Sections 2 and 4, Protection from Harassment Act 1997

1.Introduction to the legislation

The two main pieces of legislation to be aware of are Section 43 of the Telecommunications Act 1984 and the Protection from Harassment Act 1997.

2.Section 43 Telecommunications Act 1984

(1) A person who -

shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

2.a Interpretation

The offence therefore consists of either:

We shall look at each of these in turn.

2.b Message or other matter that is grossly offensive, or of an indecent, obscene or menacing character

2.c Sending a message known to be false for the purpose of causing annoyance, inconvenience or needless anxiety

2.d Persistently making use of a public telecommunication system for the purpose of causing annoyance, inconvenience or needless anxiety

2.e Points to note on Section 43

2.f Examples of behaviour which could be prosecuted under Section 43

2.g Defences

3. Sections 2 and 4, Protection from Harassment Act 1997

Section 2 of the Protection from Harassment Act 1997 makes it an offence to pursue a course of conduct which causes another person harassment, alarm or distress. Section 4 of the Act makes it an offence to pursue a course of conduct which puts another in fear of violence.

3.a Section 2 Protection from Harassment Act 1997

3.b Section 4 Protection from Harassment Act 1997

3.c Points to Note on Sections 2 and 4


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This article is for information purposes only; its aim is to let people to know their full rights under UK law. Nothing on these pages is absolute as the law is always changing; if in doubt contact a trusted solicitor for further advice. We do not encourage you to break the law.

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© Copyright freeB.E.A.G.L.E.S.; last updated: February 2004