Paper 3.5c - Prot from Harassment, Malicious Comms, OSA Flashcards
What Act deals with stalkers?
Protection from Harassment Act 1997
What does s1 of Protection from Harassment Act 1997 deal with? (2)
Creates the offence of ‘pursuing a course of conduct amounting to harassment where he knows or ought to know it amounts to harassment of the other.’
Creates offence of ‘conduct puts V in fear of violence.’
- creates stalking offences.
What is harassment?
Alarming a person/causing them distress.
What is a course of conduct in terms of harassment?
Conduct on two or more occasions, eg threatening messages, unwanted contact.
What does s2 of the Protection from Harassment Act 1997 deal with?
Defines stalking offences as summary offences, punishable by 6 months prison (criminal) or an injunction (civil).
What Act deal with malicious communication?
Malicious Communications Act 1988.
What is the actus reus of sending a malicious communication?
Send a letter, e-communication or article that either:
-is an indecent or grossly offensive message, or
-a threat, or
-information which is false and believed to be false by the sender.
What is the mens rea of a malicious communication?
Intention to cause distress or anxiety to the recipient or others.
What is the case study for malicious communications?
Chambers, threatened to blow up an airport, was charged and convicted, won his appeal, claiming it was a joke.
What is the OSA?
Online Safety Act 2023.
What did the Online Safety Act 2023 do? (2)
-s181: created the offence of threatening communication.
-children are more protected from self harm/suicide websites.
