Tort of Harrassment Flashcards
How has the legal landscape evolved regarding social media and stalking?
The emergence of new technologies has broadened the scope of behaviors considered stalking, including online harassment through social media
What elements are summarized for the statutory tort of harassment?
Course of conduct amounting to harassment. 2. Conduct targeted at an individual. 3. Knowledge of the harassment. 4. Conduct judged to be oppressive. 5. Harassment causing damage.
What role does the claimant’s experience play in defining harassment?
The claimant’s experience of distress or anxiety can be sufficient to define an act as harassment, even without a psychiatric diagnosis.
What criticism is directed at the provisions of the Protection from Sexual Harassment Act 2023?
Some claim it waters down employer liability for third-party sexual harassment.
Why is workplace bullying included under the Act’s provisions?
Because one of the Act’s aims is to prevent various forms of harassment, including bullying in the workplace.
What changes did the Protection of Freedoms Act 2012 introduce?
It included an offence for pursuing a course of conduct that amounts to stalking, highlighting indicative behaviours like following or monitoring a person.
How many prosecutions were there for harassment and stalking according to the CPS statistics from 2013/14?
There were 9,172 prosecutions for harassment and only 713 for stalking.
How does the IOPC 2024 report characterize police response to stalking victims?
It found that police forces in England and Wales are not adequately protecting stalking victims, showing a lack of understanding of the issue.
What balance does the harassment case law navigate?
It navigates between the right to personal dignity of victims and the freedom of expression of the accused.
What does the Protection from Harassment Act 1997 create?
A statutory tort whereby a defendant is liable to the claimant in damages for engaging in a course of conduct which amounts to harassment.
What does Section 1 of the Protection from Harassment Act 1997 prohibit?
Pursuing a course of conduct which amounts to harassment of another person, where the perpetrator knows or ought to know it constitutes harassment.
What does ‘objective judgement’ of conduct mean in the statutory tort?
It refers to the assessment of whether the conduct in question is perceived as oppressive and unacceptable by an average person.
What is the significance of knowledge in harassment cases?
The defendant’s actual or constructive knowledge of their conduct being harassing is a critical element in establishing liability.
What does the term ‘course of conduct’ refer to in the context of the harassment act?
How has the societal response changed due to the issues raised under the Protection from Harassment Act?
What is necessary to establish harassment according to case law?
A wide range of aggressive or intimidatory behavior can be sufficient to establish the statutory tort.
What is one criticism of the effectiveness of the Protection from Harassment Act 1997 regarding stalking?
Critics argue that the act does not provide adequate protection against stalking.
What did the case of Ting Lan Hong v XYZ demonstrate?
It demonstrated that harassment can be established through intrusive conduct like unwanted photography and stalking.
What was the outcome of the case involving Manchester bombing victims and a conspiracy theorist?
Mrs Justice Steyn found that the conduct lacked balance and amounted to harassment, acknowledging the tension between private respect and freedom of expression.
What impact did the Worker Protection (Amendment of Equality Act 2010) Bill propose?
To shift focus from redress to prevention of workplace harassment, imposing a duty on employers to take reasonable steps to prevent sexual harassment.
What does constitute ‘harassment’ according to the Act?
Harassment may not require a recognized psychiatric injury; mere anxiety or distress can be sufficient.
Which case emphasized the need for persistent and intentional harassment?
Jones and Another v Ruth and Another (2011) defined harassment as persistent, intentional, personal, and potentially physical or non-physical.
What remedies does Section 2 and Section 3 of the act provide
Section 2 creates a criminal offence for harassment, while Section 3 provides for a civil remedy through proceedings
What defines a ‘statutory tort’ under the 1997 Act?
It is an actionable wrong specified by Parliament that allows for damages to be obtained in a civil court, characterized by a duty, breach, and linked damage.
How has the societal response changed due to the issues raised under the Protection from Harassment Act?
Awareness has increased, and it has made data collection on the offence easier, yet definitions and sentencing remain inadequate.
