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Malicious Communications Act

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Malicious Communications Act

Postby optimist22 » Sun Apr 02, 2017 4:29 pm

It involves a board of directors for a national non profit making organisation. One of the directors disagrees on an issue with the rest as to future action. By an overwhelming majority the board agreed to appoint an expert to give a report. The aggrieved director has claimed one of the directors has unduly influenced the expert (no evidence). Could this be classed as a malicious communication ?
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Re: Malicious Communications Act

Postby Spankymonkey » Sun Apr 02, 2017 6:06 pm

As it would take the OP just a few minutes to read the entirety of The Malicious Communications Act, and all of about 5 seconds to read the introductory text:

"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"

I don't think it would be too much of a stretch to suggest he could reach the answer all by himself.
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Re: Malicious Communications Act

Postby dls » Sun Apr 02, 2017 7:08 pm

or . . . no
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Re: Malicious Communications Act

Postby optimist22 » Sun Apr 02, 2017 10:24 pm

Yes - I can and have. However, I do have a law degree and know that there is often more behind the words. I reached the simple answer but some cases are not resolved as expected. The wording would, in my opinion, encompass far more too much. Are we really to believe all emails intended to cause distress or anxiety are liable to prosecution under this Act ? I doubt if that was the intention.

I do not appreciate being patronised so will not return to this forum..
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Re: Malicious Communications Act

Postby shootist » Sun Apr 02, 2017 11:10 pm

Post deleted
Last edited by atticus on Mon Apr 03, 2017 5:55 am, edited 1 time in total.
Reason: Breach of board rules. A board warning has been issued.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
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Re: Malicious Communications Act

Postby Hairyloon » Mon Apr 03, 2017 12:08 am

optimist22 wrote:However, I do have a law degree and know that there is often more behind the words... Are we really to believe all emails intended to cause distress or anxiety are liable to prosecution under this Act ? I doubt if that was the intention.

I do not appreciate being patronised so will not return to this forum..


You've got a law degree, you don't understand about intent, and you think that was patronising... :roll:
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Re: Malicious Communications Act

Postby atticus » Mon Apr 03, 2017 7:00 am

The better response to the OP's statement about his qualifications would be to ask him to consider the Act of Parliament in question, and to comment on the particular sections he thinks might apply, and why.
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Re: Malicious Communications Act

Postby Hairyloon » Mon Apr 03, 2017 9:12 am

Maybe so, but when the difficulty is with definitions then a dictionary may be a better place to start.

maliciousadjective uk ​ /məˈlɪʃ.əs/ us ​ /məˈlɪʃ.əs/

intended to harm or upset other people...
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Re: Malicious Communications Act

Postby atticus » Mon Apr 03, 2017 9:41 am

You may very well think that, but when discussing the meaning of words in an Act of Parliament, surely the better place to start is the words of the statute. As you know, key words and concepts are often defined within the particular legislation.
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Re: Malicious Communications Act

Postby atticus » Mon Apr 03, 2017 10:52 am

I have now looked at the Act. It is not long. Its purpose is clearly that which the OP doubts. It is regularly used against social media 'trolls' cf the "twitter joke case" a few years ago.
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