Effectiveness of Protection from Harassment Act, 1977

“A critical analysis of
the effectiveness of
Protection from
Harassment Act, 1977
and its contribution to
the existing common
law landscape for
trespass to the person”

Table of Contents
INTRODUCTION...........................................................................................................................3
CHAPTER ONE..............................................................................................................................3
Development of Harassment Act............................................................................................3
CHAPTER TWO.............................................................................................................................5
Effectiveness of the PFHA.....................................................................................................5
CHAPTER THREE.........................................................................................................................7
New dimensions to PFHA with Equality Act 2010................................................................7
CHAPTER FOUR............................................................................................................................8
Cyberbullying/stalking and reforms of PFHA.......................................................................8
CONCLUSION..............................................................................................................................10
REFERNCES.................................................................................................................................11

INTRODUCTION
Harassment creates a traumatising effect when someone behaviour results into humiliation
distressing and offending. Generally people are harassed because of the race, ethnicity, national
origins, religion and other factors. Harassment is both a criminal offence as well as civil under
the Protection from Harassment Act, 1997. The act aims to protect the individual in response to
behaviour which causes alarms or distress. The report examines the effectiveness of the act and
its contribution to the existing legal system.
CHAPTER ONE
Development of Harassment Act
There no specific definition of harassment, but as per Lord Sumption in Hayes v
Willoughby1 defines harassment as: “a persistent and deliberate course of unreasonable and
oppressive conduct, targeted at another person, which does cause that person alarm, fear or
distress.” The Protection from Harassment Act, 1997 includes the offences:
 Stalking (Section 2A)
 Fear of violence in the minds of people (Section 4)
 Violence or serious alarm or distress (Section 4A)
 Breach of civil injunction (Section 3(6))
 Breach of restraining order (Section 5(5))
 Civil tort led to harassment (Section 3)2
The act was amended by Protection of Freedom Act, 20123 to include two new specific offences
of stalking, through the sections 2A and 4A (stalking involving fear of violence or serious alarm
or distress).
Brief comparison of Public Order Act
1Hayes v Willoughby(2013) UKSC 17
2 B Barratt, 'Recent Legislation. Protection From Harassment Act 1997' (2020) 27 Industrial Law Journal.
3 Ginny MacKenzie, 'ACT OF PROTECTION' (2020) 70 The Antioch ReviSoc

Before the implementation of the PFHA, the criminal law relating tostalking in particular
and harassment generally was inadequate. There was little protection for victims who were upset
and frightened by a series of disturbing incidents and alarm or distress had to be proved in order
to secure an adequate penalty4. Thus, under section 4A of the Public Order Act 198605, there is
an offence of intentionally causing harassment alarm or distress with a penalty of up to six
months’ imprisonment. However, the requirement to prove intent on the part of the perpetrator
can create difficulties.
Comparison of Public Order Act, 1986 and PFHA, 1997
The Public Order Act (POA), 19866 aims to abolish law offences related to riot, rout,
unlawful assembly and affray and other statutory offences relating to public order. Further
ensures that the individual rights to freedom of speech and assembly are balanced against the
rights of others.POA deals with the offences relate to threatening, abusing behaviour or orally or
such adverse visible representation. The PFHA, 1997 on the other hand deals with harassment
and the activities of stalkers and such practices is not only applied to the affected individuals but
also at workplace. Section 5 of Public Order Act, 19867 requires no proof of any intention nor
that the person caused actual distress or harassment, only the act is required to be placed within
the sight or hearing of a person likely to be caused harassment. However, section 7 of PFHA
19978 requires that the harassing act led to distress or alarm and the conduct occur at least two
times and that conduct includes speech.
Prior to the PFHA Act, 1997 the activities of the stalkers increased and harassment was
even observed at the workplace9. The landmark decision was applied in Majrowski v Guy’s and
St Thomas’s NHS Trust in 2006,10 where Mr Majrowski claimed that he was harassed by the line
manager at workplace and it was ruled that the employer was vicariously liable for its behaviour.
Offences and defences under the PFHA 1997
4'Recent Book: Public Order: A Guide To The 1986 Public Order Act' (2020) 60 The Police Journal: Theory,
Practice and Principles.
5Edward Petch, 'Anti-Stalking Laws And The Protection From Harassment Act 1997' (2021) 13 The Journal of
Forensic Psychiatry.
6Jim Driscoll, 'Protest And Public Order: The Public Order Act 1986' (2020) 9 The Journal of Social Welfare Law.
7William Grindley, 'Section 5, Public Order Act 1936' (2020) 27 The Police Journal: Theory, Practice and Principles
8Syed Raza Shah Gilani, 'To What Extent Does The Law Protect A Person From Harassment At The Work Place, In
The Context Of The Protection From UK Harassment Act 1997' [2020] SSRN Electronic Journal.
9Brenda Barrett, 'The Protection From Harassment Act Enters The Workplace' (2020) 34 Industrial Law Journal.
10'Proceedings Of The 130Th Semon Club, Otolaryngology Department, Guy's And St Thomas' NHS Foundation
Trust, London, UK, 18 November 2005' (2020) 120 The Journal of Laryngology & Otology