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Prosecution Guidance on Communications Offences

Plain-English digest of CPS prosecution guidance.

All CPS guidance

AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.

This guidance is designed to assist prosecutors in handling offences committed through communication, including new offences introduced by the Online Safety Act 2023. It specifically addresses laws related to malicious communications, sending offensive or threatening messages, and new violations related to online safety and digital communications. Key updates include changes in the law due to recent acts, as well as considerations for public interest and evidential aspects related to communications offences.

Key points

  • Guidance intended for prosecutors on communications-related offences.
  • New offences under the Online Safety Act 2023 include false communications and cyber-flashing.
  • Prosecutors must consider the public interest and evidential requirements when pursuing cases.
  • Careful charging decisions are essential, especially in high-profile cases.
  • Support and resources for victims and witnesses are outlined.

Public-interest factors

  • Nature of the communication
  • Harm caused to victims
  • Public sentiment and societal standards
  • Context of the communication
  • Intent of the offender
  • Status of the victim (e.g., public figure)
Malicious Communications Act 1988Communications Act 2003Online Safety Act 2023Cyber-FlashingEncouraging Self-HarmThreatening CommunicationsFalse CommunicationsSharing Intimate ImagesHate CrimesViolence Against Women and Girls
Read the full guidance on cps.gov.uk
Last reviewed: 29 June 2026 · Next review due: 29 December 2026

This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.