ABSTRACT
The Malicious Communications Act 1988 (MCA) describes its purpose and scope in the following terms 'An act to make provision for the punishment of persons who send or deliver letters or other articles for the purpose of causing distress or anxiety'. The Act pre-dates the internet, although it was updated in 2001 to apply to 'electronic communications'. There is a limited amount of case law available in relation to the Malicious Communications Act 1988, as the majority of prosecutions have been pursued under the Communications Act 2003 (CA). The MCA 1988 and CA 2003 are often considered interchangeably, the 1988 Act is intended to apply only to one-to-one exchanges rather than broadcasting to a large audience. In the social media context this may include private messaging and direct posts on another person's wall. The MCA 1988 would not it seems apply to Paul Chambers, who directed his tweet to an indiscriminate audience, though it was caught by the CA 2003.
