Legislative Comment: The Online Safety Act 2023 and the sending of threatening or false communications

Abstract Nothing has caused such legal conundrums for governments across the globe than the ‘harms’ associated with social media usage. Many of these ‘harms’ dominate news headlines, with the same cry, ‘there should be a law against that’. Governments have responded with ‘new’ legal provisions in a bid to make the online world a safer place, including the United Kingdom with the implementation of the Online Safety Act 2023. This complex piece of legislation predominately regulates online platforms, including social media companies. However, Part 10 of the Act creates ‘new’ criminal offences in a bid to make the UK one of the safest places to go online. This article critically examines two of these ‘new’ offences: (1) threatening communications and (2) false communications, drawing firstly on why it was thought necessary to create such provisions, before turning to examine the actus reus and mens rea of both offences. The article provides an academic critique of each provision, highlighting the main flaws with each offence and why, with examples, the provisions will not overcome many of the issues previously raised against their predecessors, most notably s.1 of the Malicious Communications Act 1988 and s.127(1) and (2) of the Communications Act 2003. The article suggests improvements which can be made to strengthen these ‘new’ offences.