3B.4.8 Harassment

Question 1

Which article does harassment restrict?

Answer 1

Article 10

Question 2

Protection from Harassment Act 1997

Answer 2

It was originally introduced to deal with the problem of stalking. The Act covers stalking and harassment offences as well as remedies (s1-5).

Question 3

Two criminal offences set out in the Protection from Harassment Act 1997

Answer 3

• Pursuing a course of conduct amounting to harassment
• A more serious offence where the conduct puts the victim in fear of violence.

Question 4

How many times does something have to be done to amount to harassment?

Answer 4

A ‘course of conduct’, which can include speech, must normally involve conduct on at least two occasions, although there are exceptions to this.

Question 5

Civil injunctions for harassment

Answer 5

In addition to the criminal offences, a civil court can impose civil injunctions in harassment cases, as well as awarding damages to the victim for the harassment. Breach of such an injunction is a criminal offence.

Question 6

Majrowski v Guys and St Thomas’ NHS Trust (2007)

Answer 6

The claimant employee sought damages from his employer for bullying which he said amounted to harassment under the Protection from Harassment Act 1997. The employer argued that the Act was designed solely to prosecute stalkers but this argument was rejected and they were found to be liable.

Question 7

The Malicious Communications Act 1998

Answer 7

The Malicious Communications Act 1998 states that it is an offence to send another person a letter, electronic communication or article of any description that conveys:
- A message which is indecent or grossly offensive
- A threat
- Information which is false and known or believed to be false by the sender

Guilt requires the intention to cause distress or anxiety to the recipient or any other person. This is increasingly relevant with respect to cyberbullying.