Trolling

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The Internet has made us all publishers and the rise of social media has opened up communication across the globe. Unfortunately, some people use these platforms as means of inciting unwanted, often circular, arguments, launching repeated baseless attacks and monitoring people’s activity without their consent.

Over the years we have helped thousands of public figures, HNWIs and professionals who have suffered from harassment. Our highly regarded media and communications law department is unique because all our solicitors work exclusively in this field. This means that our clients receive the best possible advice and representation.

Those who behave abusively online are referred to as internet trolls, and examples of ‘trolling’ include: –

Posting repeated ‘comments’ on message boards or news articles, attacking someone’s character and/or invading their privacy, or designed to provoke argument

Repeatedly sending abusive or otherwise upsetting tweets

‘Following’ a person into online chatrooms or on Facebook in order to interrupt conversations and invade their privacy

Trolls sometimes labour under the misapprehension that they can say and do what they want online. Alternatively, they may take the view that they can get away with it (perhaps by disguising their identity).

Everyone has a right to enjoy what this world has to offer without fear of attack – and that extends to the World Wide Web.

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.

Unfortunately, however, the Police are often overstretched and under-resourced, and online crime of this nature is sometimes not seen as a priority. In those circumstances you may want to take civil action against the person concerned.

Examples of Trolling

Those who behave abusively online are referred to as internet trolls, and examples of ‘trolling’ include: –

Posting repeated ‘comments’ on message boards or news articles, attacking someone’s character and/or invading their privacy, or designed to provoke argument
Repeatedly sending abusive or otherwise upsetting tweets
‘Following’ a person into online chatrooms or on Facebook in order to interrupt conversations and invade their privacy

Everyone has a right to enjoy what this world has to offer without fear of attack – and that extends to the World Wide Web. Under the law of England and Wales, any course of conduct (two or more incidents) designed to cause a person alarm or distress, or where the perpetrator ought to know that is the likely outcome, is harassment. It is a defence for the perpetrator to show that their conduct was reasonable, but with ‘trolling’ this will rarely be the case.

Harassment is a criminal offence contrary to the Protection from Harassment Act 1997 and punishable by up to six months’ imprisonment. Victims should consider whether they wish to make a report to the Police. Unfortunately, however, the Police are often overstretched and under-resourced, and online crime of this nature is sometimes not seen as a priority. In those circumstances you may want to take civil action against the person concerned.

Our solicitors can help you by: –

Writing a Letter of Claim, or ‘cease and desist’ letter, to the person responsible
Issuing a Claim for harassment
Securing an interim or post-Judgment injunction prohibiting the behaviour complained of
Persuading third parties such as website operators or hosts to remove offending material
Making representations (where appropriate) to the Police or Crown Prosecution Service that an investigation or prosecution should be commenced

We may be able to help you even where the perpetrator is anonymous – see our page on Norwich Pharmacal Orders.

What to do if you are being trolled

Do not engage with a troll or retaliate. The common mantra “do not feed the trolls” is good advice. If you do not take the bait, they may eventually lose interest. If you have already engaged with a troll then simply make it clear, on one occasion, that you want them to stop what they are doing. Do not get drawn into dialogue about this.
Keep a record of the trolling. Print off relevant webpages ensuring they are dated.
Consider making a complaint to the police. You should certainly do this if you believe you or anyone else is in danger.
If the harassment is ongoing, and you think it must be necessary to take legal action, contact us to discuss your options.

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The first step is to attend a preliminary consultation. At the consultation we will advise you on the strength of your case, talk through the relevant practical and legal issues, and set out your options. We will review relevant documentation ahead of the consultation. The consultation will help you understand your position and allow you to make an informed decision about what action to take.

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