Friday, 11 May 2012

Provoking and Exploiting 'Harassment'

The Issue

"The Phoenix Post shared a link.

17 minutes ago

Postbag - I'm sure you will understand that we do not want or welcome any attention from those who support those who abuse or harass us.

As you know this - we can only assume you are harassing us on our pages on purpose and that is a crime. Shy Keenan & Sara Payne MBE

http://www.legislation.gov.uk/ukpga/1997/40/contents
Protection from Harassment Act 1997
www.legislation.gov.uk
An Act to make provision for protecting persons from harassment and similar conduct."

http://www.facebook.com/thephoenixpostuk

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Comment:

As is often the case, TPP write cheques they are unable to cash.

Here is an excellent review of the case law etc, on this issue ...

www.crimeline.info - Harassment

http://crimeline.info/app/download/5781255292/Harassment.doc
 
Here is a case, that TPP and others, should bear in mind, before they make public claims, about illegality, on an open FB page ...

First 'Facebook harassment' defendant cleared

27th March 2008 10:45 GMT

"A Birmingham man has been cleared of harassing his ex-girlfriend over Facebook in the first prosecution to specifically cite the social networking website."

"MH, 33, of Edgbaston, was accused of harassing SS under the 1997 Harassment Act."

"Magistrates cleared the theatrical set builder yesterday, saying prosecutors had not proven that he used a Facebook friend request to harass his former partner."

"Chairwoman Catherine Taylor said: "We are of the view the Facebook incident has not been proven by the prosecution beyond reasonable doubt. We therefore have to dismiss the charge.""

"The defence argued that by joining the site, she had invited people to get in touch. "You put yourself on Facebook so anyone in the world could have tried to contact you," Howard Joy said."

"And if you did not want them to contact you, you could have just said 'no' to their request."

http://www.theregister.co.uk/2008/03/27/facebook_birmingham_harassment_cleared/

Facebook 'stalker' cleared of harassment

http://www.metro.co.uk/news/127834-facebook-stalker-cleared-of-harassment

Facebook harassment trial ends in farce as case is thrown out of court

http://www.dailymail.co.uk/news/article-547068/Facebook-harassment-trial-ends-farce-case-thrown-court.html#ixzz1uYgku4cT

So, each case on its own merits, of course, but, as we always say, if one does believe that one has a legitimate case, then one should contact the authorities.

Or, in your case, you could 'Just Say No' (via the FB mechanisms, as everyone else does - or, are you, 'a special case'?).

If your alleged suffering is so intense, you could close your pages (however, we would not want that to happen, they are very valuable).

In the case of the OSC, our brief and activities are always reasonable and within the law.

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