Online Harassment

The law prohibits harassment which is defined as a course of conduct which amounts to harassment of another and which a person knows or ought to know amounts to harassment of the other.

A course of conduct is defined as more than one act. However, a single act may be sufficient where there has been published online content with the intention of harassing a victim. This may include a website or social media post.

A clear, robust and unambiguous letter or email would be the first step to make it clear that the course of conduct by the defendant amounts to harassment. 

If necessary, a solicitor letter may assist in doing the following:

1. Setting out the legal framework surrounding the law of harassment. 

2. Applying the law to the factual matrix as to why the conduct by the defendant amounts to harassment.

3. A deadline by which the conduct by the defendant must stop. 

4. The consequences the defendant will face if the conduct is not stopped. 

Where the conduct continues following the service of a solicitor’s letter, formal court action may need to commence against the defendant.

We assist both claimants and defendants in harassment claims. We understand that swift and robust action is generally required. Therefore, we can assist you with the following:

1. Taking time to understand the matter and the factual matrix surrounding the complaint. 

2. Drafting or responding to a cease and desist letter (usually within 24 hours of being instructed).

3. Drafting a formal letter before action. 

4. Partaking or taking the lead on mediation. 

5. Drafting or resisting applications for an injunction pursuant to the Anti-Social Behaviour Crime and Policing Act 2014 or The Protection from Harassment Act 1997). 

6. Represent and guide you throughout the court process.