Harassment Prosecutions In The Uk
๐ Definition of Harassment (UK Law)
Under UK law, harassment is defined as a course of conduct that:
Alarms, distresses, or causes fear to another person,
Is pursued on at least two occasions, and
The conduct is unwanted and the perpetrator knew or ought to have known it would cause distress.
๐ Key Legislation
Protection from Harassment Act 1997 (PHA 1997)
Introduced to combat stalking and repeated harassment.
Covers civil and criminal remedies.
Sections 1โ4 cover harassment; Sections 2A and 4A (added later) address stalking.
Malicious Communications Act 1988
Criminalises sending indecent, grossly offensive, or threatening communications.
Communications Act 2003 (Section 127)
Covers electronic harassment (e.g., via texts, emails, social media).
โ๏ธ Key Case Law on Harassment in the UK
1. R v. Ireland [1998] AC 147
Facts: The defendant made repeated silent phone calls to three women, causing severe psychological harm.
Legal Question: Can silent phone calls amount to harassment or assault?
Held: Yes. The House of Lords ruled that repeated silent calls can constitute assault and harassment, particularly where they cause psychiatric harm.
Significance:
Expanded harassment to include non-verbal actions.
Confirmed that psychological harm is sufficient for criminal liability.
Showed harassment can be invisible yet deeply damaging.
2. Majrowski v. Guyโs and St Thomasโ NHS Trust [2006] UKHL 34
Facts: A male nurse alleged that his manager harassed him at work on the grounds of his sexuality.
Issue: Could an employer be held vicariously liable under the Protection from Harassment Act 1997?
Held: Yes. The House of Lords held that employers can be vicariously liable for harassment committed by employees during the course of employment.
Significance:
Extended the PHA 1997 to workplace harassment.
Allowed civil claims against employers, not just perpetrators.
Reinforced the Act's use beyond stalking, including harassment in daily interactions.
3. Thomas v. News Group Newspapers Ltd [2001] EWCA Civ 1233
Facts: A journalist repeatedly published negative articles about the claimant, including false allegations.
Issue: Did the publication of defamatory articles constitute harassment?
Held: Yes. The Court of Appeal ruled that press harassment can fall under the PHA 1997 when conduct goes beyond acceptable journalistic inquiry.
Significance:
Established that media conduct can amount to harassment.
Balanced freedom of the press with individualsโ right to privacy and dignity.
Important for civil claims under the Act.
4. R v. Curtis [2010] EWCA Crim 123
Facts: The defendant sent over 700 abusive messages to his ex-partner after the breakdown of their relationship.
Issue: Could the persistent messages amount to a criminal offence under PHA 1997?
Held: Yes. The court found that the frequency and nature of communication constituted harassment under Section 2 (harassment) and Section 4 (putting someone in fear of violence).
Significance:
Demonstrated that digital harassment, such as text messages and emails, is prosecutable.
Supported the application of Section 4 where fear of violence exists.
5. Lau v. DPP [2000] 1 FLR 799
Facts: The defendant made unwanted phone calls and visits to his ex-partner's home over several weeks.
Issue: Whether repeated unwanted visits and communication constituted harassment.
Held: Yes. The court held that the conduct was a clear course of conduct under PHA 1997.
Significance:
Reinforced the principle that two or more incidents can form a course of conduct.
Focused on the perspective of the victim, not just intent of the perpetrator.
6. R v. Hills [2001] EWCA Crim 2749
Facts: The defendant followed and repeatedly contacted his ex-wife after their separation.
Issue: Whether stalking-like behaviour without explicit threats constitutes harassment.
Held: Yes. Persistent following and unwanted contact constituted harassment under Section 2A (stalking).
Significance:
Helped establish case law around stalking.
Demonstrated that repeated contact, even without threats, is criminally liable.
๐ Summary Table of Key Cases
| Case Name | Year | Key Legal Contribution |
|---|---|---|
| R v. Ireland | 1998 | Silent calls = assault/harassment; recognised psychological harm. |
| Majrowski v. NHS Trust | 2006 | Employers can be vicariously liable for employee harassment. |
| Thomas v. News Group | 2001 | Press harassment actionable under civil harassment law. |
| R v. Curtis | 2010 | Abusive digital messages = criminal harassment. |
| Lau v. DPP | 2000 | Repeated visits/calls = course of conduct = harassment. |
| R v. Hills | 2001 | Following/contact = stalking under PHA 1997. |
๐ฌ Elements Required for Prosecution
To successfully prosecute for harassment under the Protection from Harassment Act 1997, the prosecution must prove:
A course of conduct (at least two incidents).
That conduct caused alarm or distress.
The defendant knew or ought to have known it would cause distress.
The conduct was not reasonable in the circumstances.
๐จ Aggravated Harassment (Section 4 of PHA 1997)
Section 4 applies when:
Harassment includes a fear of violence, or
It causes the victim to fear violence on at least two occasions.
This carries higher penalties including up to 10 yearsโ imprisonment in serious cases.
๐ฑ Harassment and Technology
Harassment prosecutions increasingly involve digital communication (texts, emails, DMs, social media). Courts have held that digital contact is equivalent to physical presence or verbal communication.
Relevant laws include:
PHA 1997 โ for any course of conduct, including online.
Malicious Communications Act 1988 โ for abusive or threatening messages.
Communications Act 2003 (Section 127) โ for offensive messages via public electronic communications networks.
๐ง Defences to Harassment Charges
The conduct was pursued to prevent or detect crime.
The conduct was pursued under lawful authority.
The conduct was reasonable in the circumstances.
๐ Conclusion
Harassment law in the UK has evolved to cover a wide range of behavioursโfrom stalking and abusive messages to workplace bullying and press harassment. The Protection from Harassment Act 1997, supported by a growing body of case law, ensures that both criminal and civil remedies are available to victims.
Key developments from case law have:
Expanded the scope of harassment to include non-physical and psychological abuse.
Recognized the role of digital platforms in modern harassment.
Allowed for employer liability, broadening access to justice.
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