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What is the limitation period for online harassment cases
The limitation period for online harassment cases is 6 years. The period of 6 years starts in relation to each harassing event.
How to calculate the limitation period in relation to harassment
How soon should you bring a legal claim for online harassment
How to calculate the limitation period in relation to harassment
You must bring legal proceedings for harassment within 6 years of the harassing event that you are complaining about. To bring a case for harassment you need to have at least 2 harassing events. The publication of a harassing website is considered as a series of harassing events because each day the website is live, the victim is being harassed over again. This means that you can count the beginning of the harassment case against you at any day you want, so even if the harassment against you started 10 years ago, you can still bring a claim for harassment, but only in relation to the suffering that you incurred in the last 6 years prior to bringing the claim.
Limitation Period for Online Harassment Cases Legal Advice FAQ
The limitation period for online harassment cases is 6 years, starting from the date of each harassing event. If there are at least 2 harassing events, you can bring a harassment case, but it can only cover the suffering incurred in the last 6 years before filing the claim.
While the law allows a 6-year period to file a harassment claim, it's important to act promptly, especially in online harassment cases. To obtain an injunction, the harassment should be recent, and harassment on a website is considered ongoing, causing distress each day it's live.
If the police decline to investigate your online harassment complaint, you can request a review of their decision through the Right to Review Scheme. Continuing to pursue the matter with the police and the Crown Prosecution Service (CPS) is advisable, even up to the Director of Public Prosecutions (DPP), if necessary.
Yes, you can appeal the police's decision not to investigate your harassment case, and this is often done successfully. The Right to Review Scheme provides a mechanism for such appeals.
A civil injunction for harassment can be obtained relatively quickly with thorough case preparation. It can also include an application for anonymity to protect the applicant. Simultaneous claims for breach of privacy, misuse of private information, and breach of confidence may also be advisable, depending on the specifics of the case.
How soon should you bring a legal claim for online harassment
Although there are strict time limits set by law when it comes to issuing court proceedings under the Protection from Harassment Act 1997, where the claim must be filed within 6 years of the harassing act, an important consideration for anyone who is being harassed, particularly online, is to act expeditiously and without delay. Usually, in order to be able to obtain an injunction for harassment your harassment lawyer will need to convince the court that the harassment is recent.
Another point, more specific to online harassment and limitation, is that harassment on a website is arguably occurring each day all over again regardless of when it was posted first because each day the harassing website is published represents a new harassment event to the victim causing the victim alarm or distress. The limitation period in harassment cases requires detailed consideration in relation to each and every case. Therefore, we advise that you speak to a specialist harassment lawyer about the limitation period which might apply to your case.
