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