header-logo header-logo

07 September 2012 / Michael Salter , Chris Bryden
Issue: 7528 / Categories: Features , Defamation
printer mail-detail

A high hurdle

rbs1_08_4

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll