Harassment

Question 1

What article right does the law on harassment restrict?

Answer 1

Article 10 - right to freedom of expression

Question 2

What is the scope of the Protection from Harassment Act 1997?

Answer 2

• Stalking
• Racial or religious harassment
• Some anti-social behaviour
• Some types of protest
• Bullying (Majrowski v Guys Hospital)

Question 3

Define the offence of harassment

Answer 3

To behave in a way amounting to harassment or behaving in a way causing V to fear violence

Question 4

What are the elements of harassment?

Answer 4

• D knows or ought to know that their conduct will harass others
• It causes harm or distress
• Usually occurring more than once

Question 5

What are the civil and criminal remedies of harassment?

Answer 5

• Civil = compensation
• Criminal = S.2 (summary, up to 6 months)

Question 6

What is the offence under the Malicious Communications Act 1998?

Answer 6

To send another person a letter, electronic communication or article which is malicious

Question 7

What is the AR under the Malicious Communications Act 1998?

Answer 7

Sending:
- a) An indecent or grossly offensive message
- b) A threat
- c) Info known to be false by the sender

Question 8

What is the MR under the Malicious Communications Act 1998?

Answer 8

Intention to cause stress or anxiety