Harassment
25.02.13
Whistleblowers to be protected from harassment from co-workers
The government has announced an amendment to the Enterprise and Regulatory Reform Bill which will allow extend the protection of whistleblowers to cover bullying and victimisation from co-workers. The change in the law will mean that employers will be vicariously liable for the conduct of their staff in relation to the harassment of whistleblowers by…
Read more28.12.12
Facebook and Twitter related criminal complaints up 780% in four years
The number of criminal allegations made to the police for the misuse of Facebook and Twitter has increased from 556 in 2008 to 4,908 in 2012. Commenting on the statistics, Andy Trotter of the Association of Chief Police Officers acknowledged that the figures demonstrated a new challenge for the police. It was recognised that offences involving social media, such…
Read more26.11.12
stalking becomes a criminal offence
On 25 November 2012, section 111 of the Protection of Freedoms Act 2012 came into force. This creates two specific offences: ‘stalking’, and ‘stalking involving fear of violence or serious alarm or distress’. The provision has inserted the offences into the Protection from Harassment Act 1997. The former offence carries a maximum prison sentence of six months,…
Read more28.10.12
Online abuse and harassment: criminal remedies
The irresponsible publication of inaccurate, abusive or private material online can give rise to a number of different civil causes of action. The most common of these are libel, harassment, misuse of confidential information and breach of the Data Protection Act 1998. The application of the latter three is a relatively new development in law….
Read more23.09.12
CPs to introduce guidance on when to prosecute in 'trolling' cases
The Director of Public Prosecutions Keir starmer has announced that the CPs will bring in guidelines as to when a prosecution should be brought against an individual accused of using social networking sites to send offensive messages. The announcement follows the decision not to prosecute Daniel Thomas, the semi-professional footballer, for posting a homophobic message on Twitter,…
Read more9.06.12
High Court orders Facebook to disclose identity of cyberbullies
Nicola Brookes has obtained a Norwich Pharmacal order against Facebook after “internet trolls” left “vicious and depraved” messages on her Facebook page. The messages appeared after Ms Brookes posted a comment about the X-Factor television show. The order requires Facebook to handover profile information and the IP addresses of the individuals who posted the office. It is understood that Facebook will comply with the order once it has…
Read more23.03.12
Solicitors from Hell appeal thrown out
Rick Kordowski, the founder/operator of the now defunct solicitors from Hell website, has been refused permission to appeal the High Court ruling that closed down the website. On 15 November 2011 Tugendhat J ordered that Mr Kordowski cease publishing the website. On 7 December a final order was made, inter alia, preventing Mr Kordowski from establishing a similar website. In refusing permission sir…
Read more20.02.12
CPs ordered to pay damages for for failing to protect individual from harassment
In R (Waxman) -v- CPs, QBD (Admin) (2 February 2012), Moore-Bick LJ considered the state’s responsibility to prosecute alleged criminal offences, an individual’s access to the civil courts and the Protection from Harassment Act 1997. The Claimant had met F at college. F had become obsessed with the Claimant and pursued a course of conduct amounting to harassment. …
Read more7.12.11
Judgment handed down in Solicitors from Hell class action
Mr Justice Tugendhat has handed down judgment in the claim brought by Brett Wilson LLP on behalf of the Law society, Hine solicitors and Kevin McGrath against Rick Kordowski, the operator/publisher of solicitors from Hell. Representative proceedings were brought by the Claimants under CPR 19.6 on behalf of those listed on the website and those…
Read more22.11.11
Abusive language alone cannot found conviction
In an important judgment in Harvey v Director of Public Prosecutions 2011 LTL 18/11/2011, Mr Justice Bean allowed an appeal against conviction for an offence under section 5 Public Order Act 1986. The appellant had been convicted by Magistrates after the Court heard he used the word ‘fuck’ three times whilst being searched by police officers….
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Articles are intended as an introduction to the topic and do not constitute legal advice.
