RaRa used to date Topsy. After they have broken up, RaRa posts a naked image of Topsy online in order to get back at her. Hufty advises Topsy that she wouldn't be able to use the Protection from Harassment Act 1997 because RaRa's actions do not amount to a 'course of conduct'. Is this true?

Question

RaRa used to date Topsy. After they have broken up, RaRa posts a naked image of Topsy online in order to get back at her. Hufty advises Topsy that she wouldn't be able to use the Protection from Harassment Act 1997 because RaRa's actions do not amount to a 'course of conduct'. Is this true?

Quizplus · Accepted Answer

Following Law Society v Kordowski [2011] it appears that a single publication of a harassing statement or image online will amount to a 'course of conduct' where the defendant does so 'in the knowledge that such publications will inevitably come to [the claimant's] attention on more than one occasion and on each occasion cause them alarm and distress constitutes harassment under the PHA' (Tugendhat J at [61]).

RaRa Used to Date Topsy