Stalking and Harassment: When Does It Become a Criminal Offence?

Harassment and stalking are criminal offences under UK law. The Protection from Harassment Act 1997 (as amended by the Protection of Freedoms Act 2012) provides both criminal sanctions and civil remedies for victims. This guide explains when behaviour crosses the legal line, the available protections, and how defamation law intersects with harassment claims.

What Constitutes Harassment?

Under the Protection from Harassment Act 1997, harassment is defined as a "course of conduct" (two or more occasions) that the perpetrator knows or ought to know amounts to harassment. The Act does not define harassment exhaustively, but it includes:

• Repeated unwanted contact (calls, messages, emails, letters)
• Following someone or loitering near their home or workplace
• Publishing material about someone repeatedly
• Monitoring someone's internet activity or social media
• Sending repeated defamatory messages or making repeated false allegations

What Constitutes Stalking?

Stalking is a specific form of harassment introduced by the Protection of Freedoms Act 2012. Section 2A of the 1997 Act lists examples of stalking behaviour:

• Following a person
• Contacting or attempting to contact a person by any means
• Monitoring someone's use of the internet, email, or other electronic communications
• Loitering in any place
• Watching or spying on a person
• Publishing material relating to or purporting to originate from a person

Criminal Penalties

The criminal penalties are significant:

• Basic harassment offence (s.2): Up to 6 months' imprisonment
• Harassment causing fear of violence (s.4): Up to 10 years' imprisonment
• Basic stalking offence (s.2A): Up to 12 months' imprisonment
• Stalking involving fear of violence or serious alarm/distress (s.4A): Up to 10 years' imprisonment

Civil Remedies

In addition to criminal prosecution (which is pursued by the police and CPS), victims can bring civil claims for:

• A restraining injunction: Prohibiting the perpetrator from contacting you, publishing about you, or coming near your home or workplace
• Damages: Compensation for anxiety and financial loss caused by the harassment
• Breach of an injunction: Contempt of court, punishable by up to 2 years' imprisonment

The Intersection with Defamation

Many harassment campaigns involve repeated defamatory publications — false allegations spread online, to employers, to friends and family, or to professional regulators. Where this is the case, a combined defamation and harassment claim can be brought, providing:

• Damages for both reputational harm (defamation) and anxiety (harassment)
• A broader injunction covering both the defamatory content and the harassing conduct
• A stronger evidential position, as the pattern of conduct supports both claims

Related Reading

Harassment UK law guide | Online harassment UK law | Online abuse hub