(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(2) Subsection (1) above applies to any service (other than a service to whichsection 53 of the Cable and Broadcasting Act 1984 applies) which is provided by means of a telecommunication system the running of which is authorised by a licence granted under section 7 [of this Act].
(a) sends, by means of a public telecommunication system, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
(b) sends by those means, for the purpose of causing annoyance, inconvenience or needless anxiety to another, a message that he knows to be false or persistently makes use for that purpose of a public telecommunication system, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) Subsection (1) above does not apply to anything done in the course of providing a [programme service (within the meaning of the Broadcasting Act 1990)] . . .
Annotations: Commencement order: SI 1984 No 876.
Sub-s (2): words in square brackets substituted by the Broadcasting Act 1990, s 203(1), Sch 20, para 38(4); words omitted repealed by the Cable and Broadcasting Act 1984, s 57, Sch 5, para 45, Sch 6.
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