Other criminal offences

[page 31]

As noted above, causing someone serious harassment, alarm or distress can be a criminal offence under the PHA 97, and in some circumstances, people who intentionally harass may commit an offence under the Criminal Justice and Public Order Act 1994.

The punishment is likely to be more severe if the criminal offence is motivated by a characteristic protected by the Equality Act 2010, such as sex, race, religious belief, sexual orientation or disability.

Cyberbullying and the criminal law

Sending grossly offensive emails, texts or tweets is a criminal offence under:

• Section 1 of the Malicious Communications Act 1998 to send an indecent, offensive or threatening letter, electronic communication or other article to another person;

• Section 43 of the Telecommunications Act 1984 to send a text message that is indecent, grossly offensive or menacing or obscene; and

• the Communications Act 2003 to send messages by means of a public electronic communications network (such as X — formerly Twitter) that are grossly offensive or of an indecent, obscene or menacing character.

Other relevant criminal laws include the PHA 97 (see page 31), the Obscene Publications Act 1959 and the Computer Misuse Act 1990.

The HSE advises that the police deal with bullying and harassment offences under criminal law including where there is physical violence or a breach of the PHA 97.