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Cyberstalking, cyber harassment and cyber bullying

Collyer Bristow's CyberStalking Unit (CSU)

The CSU comprises a dedicated team of lawyers who advise victims of cyberstalking, cyberharassment and cyberbullying. The CSU is headed up by partner, Rhory Robertson, who works closely with 2 barristers, leaders themselves in this field, Chris Bryden and Michael Salter

The CSU also works closely with:

Cyberstalking, cyberharassment and cyberbullying

Cyberstalking and bullying broadly defined is harassment where technology is used persistently to intrude upon others in the knowledge that contact is unwelcome. Advances in technology present more and more opportunities for harassers to stalk their victims and for bullies to intimidate fellow students or colleagues.

Cyberstalking is reaching epidemic proportions with over a million reported victims each year in England and Wales alone. Cyberbullying is increasingly prevalent in schools, colleges and the workplace. Those in charge of educational establishments and HR advisors are seeking legal advice, not only on their role in combating this cruel trend but also advice concerning the protection of their organisations' reputation.

Examples of cyberstalking, harassment and bullying include:

  • Unwanted and derogatory emails or text messages to victims, their family and associates;
  • Defamatory electronic communications to victims' employers;
  • Posting of derogatory material about victims on online chat rooms and social networking sites;
  • Publication of private and confidential information about victims online;
  • Creation of bogus profile pages on social networking sites containing offensive, derogatory and defamatory material about victims;
  • Online workplace bullying, such as derogatory postings on social networking sites about work colleagues; and
  • Bullying in educational establishments through sending offensive text messages, posting derogatory content online including doctored photographs.

Physical stalking is an old established crime with legislation in place to protect victims. Advances in technology mean that existing legislation is not always adequate to deal with cyberstalking.

The Law

In addition to the traditional criminal offences, there are a number of existing laws/legal remedies which provide assistance to victims of cyberstalking, harassment and bullying the mains ones being:

  • Protection from Harassment Act 1997
  • The Family Law Act 1996
  • Defamation Acts 1952 and 1996
  • Article 8 of the European Convention on Human Rights
  • The Electronic Commerce (EC Directive) Regulations 2002
  • The Data Protection Act 1998
  • The Regulation of Investigatory Powers Act 2000
  • Computer Misuse Act 1990
  • Norwich Pharmacal Orders

For more information, see our guidance note on Cyberstalking. For guidance on how employers should deal with employees who post derogatory content about their employer or colleagues, see our guide on Dealing with an employee who has posted negative comments about the organisation on a social networking site.

Events

Collyer Bristow's CSU team

National Cyberstalking Centre:

The National Cyberstalking Centre brings together the leading experts and cutting edge research to deliver a range of services for legal professionals, organisations, agencies and individuals in the growing threat of cyberstalking, combating its impact on victims, commerce and society.

The National Cyberstalking Centre - "understanding & responding" is a joint initiative between the:

  • The Safety Net Associates Group (www.safetynetassociates.co.uk) - Recognised as one of the Uk's leading Crime and Justice Consultants
  • The National Centre for Cyberstalking Research (www.beds.ac.uk/nccr) - An interdisciplinary national centre based at the University of Bedfordshire which draws upon the expertise in different fields including technology, psychology and law
  • The CyberStalking Unit at Collyer Bristow

Articles and useful information

You may also find useful information on how we can help you tackle your cyberstalking issues by visiting our Employment and our Defamation and Reputation Management pages or download our Private Client Services brochure.

Collyer Bristow LLP is a limited liability partnership registered in England under number OC318532, registered office 4 Bedford Row, London WC1R 4TF, and is authorised and regulated by the Solicitors Regulation Authority under number 441900. Any reference to a partner means a member of the LLP or an employee with equivalent standing and qualifications. A list of the members is available for inspection at the above address. Collyer Bristow LLP is an Investor in People and is Lexcel accredited.