From: | KM Stanton, Law <K.Stanton@bristol.ac.uk> |
To: | A.P. Simester <simester@nus.edu.sg> |
Osuji, Onyeka <O.K.Osuji@exeter.ac.uk> | |
Jason Neyers <jneyers@uwo.ca> | |
obligations@uwo.ca | |
Date: | 14/06/2010 09:17:13 UTC |
Subject: | RE: Protection from Harassment Act 1997 & bullying |
The Act is certainly not confined to threats of violence. See Ferguson v
British Gas Trading Ltd [2010] 1 WLR 785. If it applied to British Gas
threatening disconnection etc, it is difficult to see that it could not
apply to cyber bullying.
Keith
--On 14 June 2010 16:20 +0800 "A.P. Simester" <simester@nus.edu.sg> wrote:
>
> I would think it likely that the Act applies. The scope of what counts as
> 'harassment' is undefined and there seems not reason why it could not
> reasonably be thought to include this kind of case. Section 1(2) in
> effect provides that if a reasonable person [i.e. the magistrate] would
> interpret D’s course of conduct as amounting to harassment, then that
> course of conduct is harassment.
>
> Andrew
>
> ________________________________________
> From: Osuji, Onyeka [O.K.Osuji@exeter.ac.uk]
> Sent: 13 June 2010 21:13
> To: Jason Neyers; obligations@uwo.ca
> Subject: RE: Protection from Harassment Act 1997 & bullying
>
> The Act might apply. In Thomas v News Group Newspapers [2001] EWCA Civ.
> 1233, a claim was sustained against a newspaper for distress and anxiety
> caused by a series of publications revealing the identity and workplace
> of a police officer. The police officer was attacked for reporting her
> colleagues’ racist and discriminatory conduct against an asylum seeker.
>
> Onyeka
>
>
> Dr Onyeka Osuji
> Lecturer in Law
> University of Exeter
> School of Law, Cornwall Campus
> Penryn Cornwall TR10 9EZ UK
> Telephone: +44 (0)1326 253783 (Internal: 2783)
> Fax: +44 (0) 1326 254267
> Email: O.K.Osuji@exeter.ac.uk
> Web: http://www.exeter.ac.uk/cornwall
> ________________________________________
> From: Jason Neyers [jneyers@uwo.ca]
> Sent: 11 June 2010 18:36
> To: obligations@uwo.ca
> Subject: ODG: Protection from Harassment Act 1997 & bullying
>
> Dear Colleagues:
>
> Would the Protection from Harassment Act 1997 be wide enough to protect
> a person from teenage cyber-bullying in the form of posting embarrassing
> pictures and demeaning comments about another teenager on the web as a
> form of revenge for some perceived slight? I am thinking of the kind of
> behavior that does not involve threats of physical violence. Does anyone
> know of any cases dealing with this issue?
>
> Cheers,
>
> --
> Jason Neyers
> Associate Professor of Law
> Faculty of Law
> University of Western Ontario
> N6A 3K7
> (519) 661-2111 x. 88435
----------------------
KM Stanton, Law
Tel: 0117 954 5307
Email: K.Stanton@bristol.ac.uk