Clause 2

In the Miscellaneous Offences (Public Order and Nuisance) Act 1906, in section 14D, after subsection (1), insert —“(1A) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the transmission of the message has a legitimate purpose related to public order, public safety or national security, or the prevention, investigation or prosecution of offences.IllustrationAs part of a campaign to raise public awareness against phishing scams, a government agency sends an email to various members of the public which contains a false message that entices its recipient to click on a link which would purportedly give free shopping vouchers. The link leads to a pop-up message informing the recipient that the message was a simulated phishing attempt, and had it been genuine, the recipient could have activated malware to allow a fraudster to steal money from his or her online account. The sending of the false message has a legitimate purpose related to the prevention of offences.”.