Online Harassment Lawyers: Understanding Your Rights
Experienced Online Harassment Lawyers: Your Advocates in the Fight Against Digital Abuse
What Can You Do About Harassment?
Harassment is a serious offence that can significantly impact your life. In the UK, while it is a criminal offence, you also have the option to pursue legal action through civil courts. Engaging expert harassment lawyers can help you navigate this process effectively. To prevail, you'll need to meet the legal criteria to establish that the individual is guilty of harassment.
If you can show that you have been harassed, the court may give you an injunction to protect you. If you win your case, you could also get money for the distress you have experienced.
What Constitutes Harassment?
Importance of Legal Support in the Digital Age
Harassment takes different forms. In today's digital age, online harassment is increasingly prevalent. This type of harassment poses unique challenges, especially with the legal issues related to a hidden harasser and jurisdiction.
Your Legal Rights Regarding Online Harassment
As a victim of online harassment, you have specific legal rights designed to protect you. These rights include the ability to seek restraining orders, file complaints with the police, and pursue civil action against the harasser. Understanding these rights is crucial for taking appropriate action. An online harassment lawyer can help clarify your rights and guide you in exercising them effectively, ensuring that you are empowered to combat harassment and seek justice.
Unique Challenges of Online Harassment
The Complexity of Anonymity in Digital Spaces
Anonymity can be particularly distressing for victims. Expert online harassment lawyers know that dealing with harassment is already overwhelming, but where the victim cannot identify the harasser, it complicates matters further. It increases feelings of being exposed to danger, including fear and anxiety. Our experienced online harassment lawyer can provide you with the support you need to address these challenges head-on.
Jurisdictional Issues in Cross-Border Online Harassment
The law operates on the principle that different countries have sovereignty over how they govern their societies. Each country determines which laws to enact and how they are enforced. If an incident involves multiple countries, for example, if the perpetrator is from one country and the victim from another, while the platform where the act occurred is based in another country, three different countries would be involved in deciding how to address the situation. Following Brexit, jurisdictional matters are more complex, and legal advice is critical to navigate the interactions between UK and EU laws.
Relevant Legislation and Case Studies
Key Laws Governing Online Harassment
The Human Rights Act 1998 and the European Convention on Human Rights have helped create laws that protect information people expect to keep private.
Confidential information has evolved to include the misuse of private information. With the sharing of information online comes frequent misuse of information. The publication of private information may be an incident of harassment conduct – see Thomas v News Group Newspapers 2001 EWCA civ 1233.
Analysis of Significant Legal Cases
- Addressing Anonymity (an unknown harasser) and International Jurisdictions
The JSC BTA Bank case is important for Internet-related issues. It involves a client who wanted to stay anonymous. This situation is common in online defamation and harassment cases. The bank, successfully applied for disclosure of information and documents against a firm of solicitors.
Another case, Louise Bacon, raised the issue of jurisdiction and service by email. In this case a defendant domiciled out of the jurisdiction successfully served proceedings issued in England by email against US-domiciled defendants.
Legal Strategies for Identifying Anonymous Harassers
The case illustrates the application of Norwich Pharmacal Orders (NPOs), which allow a court to order disclosure of information from a third party who is not involved in the proceedings.
1. The ultimate wrongdoer must have arguably committed a wrongful act.
2. There needs to be a necessity for the order to enable action against the wrongdoer.
3. The third party must have facilitated the wrongdoing and possess relevant information
Companies Versus Individuals
Kosar v. Bank of Scotland PLC [T/A Halifax] 2011
The appellant (Kosar) successfully appealed against a district judge`s decision that the offence of harassment under section 2[1] of the Protection from Harassment Act 1997 could only be committed by a person who was an individual against another individual person.
Daiichi UK Ltd v Stop Huntingdon Animal Cruelty [2004] 1 WLR 1503 A company may not bring an action for injunctive relief to prevent harassment
Ferguson v British Gas Trading Limited [2009] EWCA Civ 46 a victim of company harassment can sue a company for harassment - persistent collection letters and unjustified bills from British Gas amounted to harassment.
In Iqbal v Dean Manson Solicitors [2011], EWCA Civ 123, aggressive letters between solicitors in a legal dispute was found to amount to harassment.
CAN A COMPANY BE HARASSED?
The short answer is it depends on the facts of the particular case. It is possible to harass people in a company if you can show that they are being targeted as individuals. If an unhappy customer targets a company employee with aggressive behaviour that causes the employee stress, that employee can file a lawsuit for harassment.
Empowering Victims Through Legal Support: What Actions Can You Take?
Victims of online harassment have several options for recourse. You can report the harassment to the platform where it happened. This may result in removing harmful content or suspension of the harasser's account. Additionally, you can file a police report if the harassment constitutes a criminal offence. You can also engage our expert online harassment lawyers to secure your rights and pursue justice on your behalf. Let our experienced harassment lawyers help you reclaim control of your life by guiding you through the legal process.
For a quotation, please contact us at (020) 7305-7491 or peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors. Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox. Our online harassment service is a sub-service of our media and communications division. Visit our online harassment services page to learn about the service.
Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston
Disclaimer
We provide cases and statutes as general information because contracts should be flexible to adapt to legal changes. Our articles on media and IP agreements serve as starting points for readers to brainstorm ideas. They are not a substitute for professional legal advice. Each contract is unique; even good templates need adaptations for specific situations. One party typically presents a contract based on industry standards and in-house policies. Replacing the contract may be difficult, but you can negotiate important clauses and agree on amendments.