Online harassment

Over the years we have helped thousands of public figures, HNWIs and professionals who have suffered from harassment. 

The World Wide Web and email have revolutionised the way in which we communicate with one another and go about our everyday lives. Unfortunately, these mediums can also be used by individuals to wage campaigns and pursue personal grudges. Online harassment can range from a sustained attack on an individual’s personal or business reputation through to “cyberstalking” and “trolling” Whether such campaigns are advanced by disgruntled customers, former partners or colleagues they can cause the target (or targets) a considerable amount of distress. Such behaviour is often fuelled by the perpetrator’s misconceptions – that freedom of expression provides carte blanche for their behaviour and/or that the internet is beyond the reach of the law.

A campaign of harassment might be waged entirely online or it can also involve more traditional forms of harassment, such as stalking and/or unwanted correspondence, phone calls and text messages.

At Brett Wilson, we have a rare combination of skills and expertise in both civil and criminal law and have dealt with a number of leading online cases.

Harassment is a civil ’cause of action’ under the Protection from Harassment Act 1997. A civil claim for harassment is brought by a claimant (someone who claims to be a victim). If successful the defendant may be ordered to pay damages for distress and anxiety and other loss, as well as the claimant’s legal costs. A court can grant an injunction prohibiting further harassment. If this is breached an application can be made for the defendant to be committed to prison.

It is often the case that an individual subject to online harassment may have a number of other claims open to them, including defamation and the misuse of private information. Likewise, the conduct in question may constitute a criminal offence under, amongst other legislation, the Protection from Harassment Act 1997, Malicious Communications Act 1988, the Communications Act 2003 and/or the Online Safety Act 2023.

We have the specialist expertise to:

• Advise individuals and organisations on the various legal options open to them and the cost-benefit analysis of each route.
• Draft “cease and desist” letters to the perpetrators of harassment campaigns.
• Draft letters to publishers and hosting companies seeking the removal of offensive content.
• Make applications for interim injunctions where appropriate.
• Pursue claims for damages suffered as a result of harassment.
• Pursue additional claims for defamation, malicious falsehood, breach of privacy/misuse of private information and/or the breach of the UK General Data Protection Regulation (‘UK GDPR’)/UK Data Protection Act 2018.
• Instruct experts where appropriate to assist in identifying the authors of anonymous or pseudonymous material.
• Advise on the scope for making a Norwich Pharmacal application for the disclosure of information held by a third party relating to the authors of anonymous or pseudonymous material.
• Advise on the scope for bringing representative proceedings to protect a group (e.g. a company’s workforce) which is being harassed.

Our work and client care is of the highest standard.  All cases are run by a specialist harassment solicitor.  Every matter has partner involvement.

We are well-known for our harassment work. We have long-standing working relationships with the best media law KCs and junior barristers, whom we can draft into the team to represent you in court if the need arises.

As well as being listed in the prestigious Times Best Law Firms,  Legal 500 and Chambers and Partners directories as a leading firm in the fields of defamation, privacy and reputation management law, partners Iain Wilson, Max Campbell and Tom Double are all individually recognised as leading individuals.  Iain Wilson and Max Campbell are additionally recommended by the Spear’s 500 HNWI directory for their reputation management work.  Iain Wilson is also recommended in the Tatler Address Book.  Most importantly, the firm receives excellent feedback from its clients and contemporaries.

Litigation can be stressful, time consuming and costly.  Therefore at the outset of your case we will conduct a cost benefit analysis with you. We will talk you through this process. We offer honest and pragmatic advice to our clients.  We will always consider alternative options, including asserting other causes of action (such as defamation and privacy), approaching intermediaries or PR work.