SnapeAlways
Mal comms is an either way offence, S2 harassment is summary only
Mal comms - Offence of sending letters etc. with intent to cause distress or anxiety.
Any person who sends to another person a letter, electronic communication or article of any description which conveys a message which is indecent or grossly offensive.
UK Public General Acts1988 c. 27 Section 1
This was my point in the earlier posts and its is subjective I agree with you - what is 'grossly offensive or indecent' to one person may not be to another.
If the reporting person says they believe it is - then you have the offence of mal comms made out in theory, based on the above definition.
So, from a police point of view, what does the call taker do - are they in a position to tell the reporting person that in the call taker's opinion, its not offensive and you should not be getting stressed over it - goodbye and end the call.
Or would they see it as an offence of mal comms is made out on the reporting call, so it will need investigating further?
Or do you have an interdependent person to judge what is grossly offensive or not? And if so, who would that be.
At present its the court which will ultimately decides (hence case law) - but this can only happen after the investigation has been completed and the case file is completed. And to complete this, you're going to need the IT equipment as its part of the evidence line. And to seize this, you can only use S32 or s18 of PACE following an arrest.
I'm not saying its right - but this is the law as it stands.