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07 September 2012 / Michael Salter , Chris Bryden
Issue: 7528 / Categories: Features , Defamation
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A high hurdle

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Protecting privacy under PHA 1997 can be a tough task, note Chris Bryden & Michael Salter

The Protection from Harassment Act 1997 (PHA 1997) is a versatile and wide-ranging statute that has come the full circle since its amendment by the coming into force of the Protection of Freedoms Act 2012 (PFA 2012). PHA 1997 was originally envisaged as an Act to prevent stalking and to punish stalkers. However, as the authors have previously discussed, by omitting reference specifically to “stalking” and instead focusing on a much broader offence of harassment (undefined, but “includes causing alarm or distress”) PHA 1997 is of much wider application. However, following lengthy Parliamentary consultation (which the authors were privileged to have been involved in) PFA 2012 (which received Royal Assent on 1 May 2012) introduced two new offences specifically of stalking. PHA 1997 remains one of the most flexible pieces of legislation of recent years.

Not always a remedy

However, PHA 1997, while able to be utilised in various circumstances, will not always provide

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