Online Harassment Law

Course of Conduct — The Protection from Harassment Act 1997 requires a 'course of conduct', which means conduct on at least two occasions. A single incident, however serious, does not constitute harassment under the Act (though it may constitute a different offence). Each incident in the course need not individually amount to harassment; it is the cumulative effect that matters.

Reasonableness Defence — Under PHA 1997 s.1(3), it is a defence that the course of conduct was pursued for the purpose of preventing or detecting crime, pursued under any enactment or rule of law, or reasonable in all the circumstances. Where someone reasonably pursues a course of conduct (e.g. a journalist investigating a matter of public interest), the Act does not apply.

Stalking — The Stalking Protection Act 2019 and PHA 1997 s.2A/s.4A criminalise stalking — a course of conduct amounting to stalking which includes acts such as following, contacting, monitoring, watching or spying on a person. Stalking Protection Orders (SPOs) can be granted by magistrates at the pre-conviction stage to impose prohibitions on the stalker.

Intimate Image Abuse — The Online Safety Act 2023 s.188 creates an offence of sharing an intimate image without the consent of the person depicted. The perpetrator must intend to cause alarm, distress or humiliation or be reckless as to whether the image causes such effects. The Revenge Porn Helpline provides specialist support. A separate offence of threatening to share an intimate image was created by the Criminal Justice Act 2021 s.69.

False Communications — OSA 2023 s.179 makes it an offence to send a communication that the sender knows to be false, intending to cause non-trivial psychological or physical harm to a likely audience. This replaces the previous s.127 Communications Act 2003 'grossly offensive' offence for false communications, though s.127 continues to apply to threatening or obscene communications.

Cyberflashing — OSA 2023 s.187 criminalises the sending of an unwanted image or video of genitals to another person. The sender must intend to cause alarm, distress or humiliation, or act for the purpose of obtaining sexual gratification. The offence can be committed by any technological means (AirDrop, social media, dating apps, etc.).

Civil Remedies — Under PHA 1997 s.3, a victim can apply for a civil injunction without needing to show a criminal conviction. The injunction can prohibit specified conduct (e.g. contacting the claimant, monitoring their social media). Breach of a civil harassment injunction is a criminal offence (s.3(6)). Damages are also available under s.3 for anxiety and financial loss.

Platform Liability and the Online Safety Act 2023 — The OSA 2023 places duties on providers of user-to-user and search services to manage online harms. Large platforms must conduct risk assessments, implement safety measures, and allow users to report illegal content. Ofcom regulates compliance and can impose fines of up to 10% of global turnover for serious breaches.