Online harassment has become increasingly prevalent, causing significant distress to victims. UK law provides multiple avenues for protection and redress, from civil remedies to criminal sanctions.
What Constitutes Online Harassment?
Online harassment encompasses a range of behaviours conducted through digital platforms, including:
- Repeated unwanted contact or messages
- Threatening or abusive communications
- Cyberstalking and monitoring behaviour
- Coordinated harassment campaigns
- Doxing (publishing private information)
- Impersonation and fake accounts
- Non-consensual sharing of intimate images
- Persistent defamation and false accusations
The key element is usually a course of conduct—a pattern of behaviour rather than isolated incidents—that causes alarm, distress, or fear of violence.
Criminal Law Protection
Protection from Harassment Act 1997
This Act creates both civil and criminal remedies for harassment. The criminal offence requires a course of conduct (at least two occasions) that the defendant knew or ought to have known amounted to harassment. Penalties include imprisonment and restraining orders.
Malicious Communications Act 1988
This covers sending communications that are indecent, grossly offensive, threatening, or contain false information—where the purpose is to cause distress or anxiety. It applies to single communications and is commonly used for online abuse.
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Communications Act 2003, Section 127
This makes it an offence to send a message that is grossly offensive or menacing via a public electronic communications network. It has been widely used for social media offences.
Stalking Offences
The Protection of Freedoms Act 2012 created specific stalking offences, including cyberstalking. This covers persistent pursuit and monitoring, including through online means, that causes fear, alarm or distress.
Civil Law Remedies
Beyond criminal prosecution, victims can pursue civil remedies offering compensation and ongoing protection:
Harassment Claims
The Protection from Harassment Act allows civil claims for damages and injunctions. Successful claimants can obtain compensation for anxiety and distress caused, as well as court orders prohibiting further harassment.
Defamation
Where harassment includes false statements of fact damaging to reputation, defamation claims may be appropriate. This can result in damages, removal orders, and published corrections.
Misuse of Private Information
Publication of private information without consent can be actionable, particularly relevant for doxing and disclosure of personal details.
Breach of Confidence
Where private communications are shared without consent, breach of confidence claims may apply.
The Role of Injunctions
Injunctions are often the most important remedy for ongoing harassment:
- Non-harassment injunctions: Court orders prohibiting specific behaviours
- Restraining orders: Available following criminal conviction or acquittal
- Emergency applications: Urgent protection can be obtained without notice in serious cases
Breach of an injunction is contempt of court, punishable by imprisonment or fine, providing a powerful deterrent.
Practical Steps for Victims
If you're experiencing online harassment, consider these steps:
- Document everything: Screenshot messages, save evidence, record dates and times
- Report to platforms: Use platform reporting mechanisms, though don't rely solely on these
- Consider police involvement: For criminal behaviour, file a police report
- Seek legal advice: A solicitor can assess civil options and help with urgent injunctions
- Protect yourself: Review privacy settings, consider temporarily limiting online presence
- Support network: Harassment can be deeply distressing—seek emotional support
Employer and Institutional Responses
If harassment is connected to work or involves someone within an institution:
- Employers have duties to address workplace harassment, including online conduct
- Professional bodies may discipline members for serious misconduct
- Universities and schools have safeguarding obligations
- Institutional complaints may provide faster resolution than legal action
The Evolving Legal Landscape
The Online Safety Act 2023 introduces new platform duties and creates additional offences for harmful online communications. This includes offences for false communications and threatening communications, with enhanced sentences in some circumstances.
As online harassment evolves, so too does the legal response. Specialist solicitors stay current with these developments to provide effective protection for clients.
Related reading: Malicious Communications Act explained | Is online trolling illegal? | Defamation by an ex-partner
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