Can You Take Legal Action for Online Harassment?
Persistent online harassment may give rise to both civil and criminal remedies. The law has expanded significantly to address cyber-harassment and stalking.
Quick Answer
Yes. Online harassment can be addressed through: a civil injunction under the Protection from Harassment Act 1997; criminal reporting to the police (harassment, stalking, and threatening communications are all offences); and complaints to the platform. The Online Safety Act 2023 has also created new duties on platforms to protect users from harassment.
Full Explanation
Online harassment has become one of the most common forms of civil wrong in England and Wales. The law provides both civil and criminal remedies, and the two can be pursued simultaneously depending on the severity of the conduct.
The Protection from Harassment Act 1997 is the primary civil law remedy. It creates a tort of harassment — a course of conduct that a reasonable person would recognise as harassment (at least two incidents). A victim can apply to the county court for an injunction prohibiting the harasser from continuing the conduct (a civil restraining order) and can claim damages for anxiety and any financial loss. Breach of a civil injunction is contempt of court and can lead to imprisonment.
Criminally, harassment and stalking are offences under the 1997 Act (as amended by the Protection of Freedoms Act 2012). Online stalking and cyber-harassment are specifically addressed. The Malicious Communications Act 1988 and Communications Act 2003 section 127 criminalise sending threatening or grossly offensive communications. The Online Safety Act 2023 has created new offences for sending communications intended to cause harm.
For urgent situations, a victim can apply to the court without notice for an emergency injunction — the court can grant this on the same day if the risk of harm is serious and immediate. Legal aid may be available in domestic abuse and serious harassment cases.
Evidence gathering is crucial. Keep screenshots of all harassing posts, messages, and comments with dates and URLs. Report to the police — even if no immediate criminal action is taken, it creates a formal record which is important for civil proceedings. Contact the platform's safety team to report and have content removed.
Legal Basis
- §Protection from Harassment Act 1997 (civil and criminal harassment)
- §Protection of Freedoms Act 2012 (stalking offences)
- §Malicious Communications Act 1988
- §Online Safety Act 2023 (communications offences)
- §Communications Act 2003, section 127
What To Do
Document All Incidents
Screenshot every harassing message, post, or comment with timestamps and platform URLs. Note dates, times, and the nature of each incident. A course of conduct requires at least two incidents, so documenting each one is essential.
Report to the Police
Report the harassment to the police. Online harassment, cyber-stalking, and threatening communications are criminal offences. Reporting creates an official record and may lead to a criminal investigation. If you feel at risk, call 999.
Report to the Platform
Use the platform's reporting mechanisms to have harassing content removed and the account blocked or suspended. Under the Online Safety Act 2023, major platforms have enhanced duties to respond to reports of illegal content.
Apply for a Civil Injunction
Apply to the county court under the Protection from Harassment Act 1997 for an injunction prohibiting the harasser from contacting you or publishing about you. In urgent cases, apply without notice for an emergency interim injunction.
Claim Damages
In addition to injunctive relief, you can claim damages for anxiety caused by the harassment and any financial loss. These are civil damages separate from any criminal proceedings.
Important Warnings
Do not respond to the harasser — doing so can be used to suggest the conduct was two-sided and may complicate both civil and criminal proceedings.
If the harasser is anonymous, a Norwich Pharmacal order can be obtained to compel the platform to disclose their identity.
In serious cases involving threats of violence or sexual content, contact the police immediately and consider applying for emergency relief.