computer resource or a communication
device; or
(c) any electronic mail or electronic mail
message for the purpose of causing
annoyance or inconvenience or to
deceive or to mislead the addressee or
recipient about the origin of such
messages,
shall be punishable with imprisonment for a term
which may extend to three years and with fine.
Explanation.— For the purposes of this section,
terms “electronic mail” and “electronic mail
message” means a message or information created
or transmitted or received on a computer, computer
system, computer resource or communication
device including attachments in text, image, audio,
video and any other electronic record, which may be
transmitted with the message.”1
1
The genealogy of this Section may be traced back to Section 10(2)(a) of the U.K. Post Office
(Amendment) Act, 1935, which made it an offence to send any message by telephone which is grossly
offensive or of an indecent, obscene, or menacing character. This Section was substantially reproduced by
Section 66 of the UK Post Office Act, 1953 as follows:
66. Prohibition of sending offensive or false telephone messages or false telegrams,
etc.
If any person—
(a)sends any message by telephone which is grossly offensive or of an indecent, obscene
or menacing character ;
(b)sends any message by telephone, or any telegram, which he knows to be false, for the
purpose of causing annoyance, inconvenience or needless anxiety to any other person ; or
(c)persistently makes telephone calls without reasonable cause and for any such purpose
as aforesaid,
he shall be liable on summary conviction to a fine not exceeding ten pounds, or to
imprisonment for a term not exceeding one month, or to both.
This Section in turn was replaced by Section 49 of the British Telecommunication Act, 1981 and
Section 43 of the British Telecommunication Act, 1984. In its present form in the UK, it is Section 127 of
the Telecommunication Act, 2003 which is relevant and which is as follows:127.
Improper use of public electronic communications network
(1)
A person is guilty of an offence if he (a)
sends by means of a public electronic communications network a
message or other matter that is grossly offensive or of an indecent, obscene
or menacing character; or
(b)
cause any such message or matter to be so sent.
3