Online harrassment - landmark case
Online harrassment - landmark case
Author
Discussion

anonymous-user

Original Poster:

84 months

Thursday 16th June 2011
quotequote all
[redacted]

petemurphy

10,950 posts

213 months

Thursday 16th June 2011
quotequote all
where does "stating the truth of what happened" become "harrassment" - interesting one

4Q

1,277 posts

217 months

Thursday 16th June 2011
quotequote all
Avoid having your affair with another mans wife being splattered all over the internet by NOT SHAGGING MARRIED WOMEN.

It's a service I provide.

Chilli

17,320 posts

266 months

Thursday 16th June 2011
quotequote all
Don't suppose anyone could cut and paste in the graphic details, could they? Just for research purposes, obviously.

KrazyIvan

4,341 posts

205 months

Thursday 16th June 2011
quotequote all
4Q said:
Avoid having your affair with another mans wife being splattered all over the internet by NOT SHAGGING MARRIED WOMEN.

It's a service I provide.
This, dont have any sympathy for a guy who cheats on his wife by nailing another mans, even less so when he tries to make out he is the victim in all this.

Intresting that he is claiming that it casued him to leave his job, but he was also being investiagted for suspect expense claims. I hope for his sake that he is a stand up guy, but the details in the article do seem to show he's not

gtdc

4,259 posts

313 months

Thursday 16th June 2011
quotequote all
There are no pictures of Mrs Puddick.

wolves_wanderer

12,957 posts

267 months

Thursday 16th June 2011
quotequote all
gtdc said:
There are no pictures of Mrs Puddick.
Your super soaraway Daily Mail comes to the rescue


Ozzie Osmond

21,189 posts

276 months

Thursday 16th June 2011
quotequote all
petemurphy said:
where does "stating the truth of what happened" become "harrassment" - interesting one
Protection From Harrassment Act 1997

1 Prohibition of harassment..

(1)A person must not pursue a course of conduct which amounts to harassment of another, and
which he knows or ought to know amounts to harassment of the other.

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

Oakey

27,984 posts

246 months

Thursday 16th June 2011
quotequote all
The Harassment Act was intended to protect women from stalkers, not be used as a weapon in domestic disputes.

BrassMan

1,501 posts

219 months

Thursday 16th June 2011
quotequote all
Ozzie Osmond said:
(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
I would consider Mr. Puddick to have been provoked and his response to be appropriate for the early 21st century

StonedWolf in the OP's link said:
Dear Mr Haynes.

If you want your sexual activity kept private one helpful hint is not to spend your day' screwing the wife of a man who - in quite frankly a best-case scenario - will devote his waking days to naming and shaming you on-line.

Bear in mind the worst-case scenario in an "impassioned husband" case involves a claw hammer and a plea for diminished responsibility.

Signed,
The Internet [quote]

Derek Smith

49,963 posts

278 months

Thursday 16th June 2011
quotequote all
Oakey said:
The Harassment Act was intended to protect women from stalkers, not be used as a weapon in domestic disputes.
The intent of an act has never stopped the police or CPS from extending it to include other acts.

anonymous-user

Original Poster:

84 months

Thursday 16th June 2011
quotequote all
Oakey said:
The Harassment Act was intended to protect women from stalkers, not be used as a weapon in domestic disputes.
bingo!

talking about somebody, in their absence, is not harassment. Now extend 'talking' to 'communicating' and we have what is being done on the internet. We have laws to protect people from those who wish to spread dishonest rumours and lies... but if you are just stating fact then there can be no offence...

another intriguing aspect of this case is that sussex police originally told the accuser to get lost, the case was only taken up by the metropolitan police...

there was an interesting comment in the independent piece which i shall repost here:

said:
This legal issue already has a precedent, and the matter has been well established and decided by a District Judge — not merely a panel of Magistrates.In the scantily reported case of R v Fredrics (2009-10), DJ Kreiman, sitting at the Kingston Magistrates Court on the matter of charges of harassment (s.2 of the Protection from Harassment Act, just as in the case of Ian Puddick) via the setting up and publication of a website that contained documentary evidence and satirical musical/video works, ruled that “Harassment laws were not intended to protect individual reputations.” DJ Kreiman also found that the content of the site was in the public interest. The defendant, Dr Howard Fredrics was found, therefore, to have “no case to answer” and the matter was closed.For further information, please see the link:http://www.sirpeterscott.com/i... is curious indeed that this matter was not picked up by the major press organisations, thereby suggesting the possibility that they may have received legal threats from the alleged victim’s employer.


anonymous-user

Original Poster:

84 months

Thursday 16th June 2011
quotequote all
there is some interesting background to the case here:

https://wikispooks.com/wiki/Ian_Puddick


minky monkey

1,566 posts

196 months

Friday 17th June 2011
quotequote all
Just been cleared according to the BBC.

anonymous-user

Original Poster:

84 months

Friday 17th June 2011
quotequote all
excellent, i wonder if he has a case against the police now...

MadMullah

5,299 posts

223 months

Sheets Tabuer

21,487 posts

245 months

Friday 17th June 2011
quotequote all
He seems to be making a case that a rich business was able to get special treatment and were able to instruct the police to act on a matter that a "milkman" would get laughed out the station for.

I'm glad he won, personally I think the other guy is lucky he just wrote on twitter, if he broke his legs I'd argue he deserved it.

Mojooo

13,291 posts

210 months

Friday 17th June 2011
quotequote all
Victim said:

He spoke of his "embarrassment and shame" after neighbours received letters containing graphic accounts of the fling, and colleagues and clients were contacted through fake profiles on social networking site LinkedIn.

Thats slightly more than just putting your views online - whether harassment or not - doesn't sit comfortably with me.

Jasandjules

72,640 posts

259 months

Friday 17th June 2011
quotequote all
Sounds like the police simply went out to help a rich person - after all, they knew libel would fail as it was the truth.

Perhaps it's time to lobby your MP to change the Harassment Act to include an absolute defence of Truth.

Mojooo

13,291 posts

210 months

Friday 17th June 2011
quotequote all
Jasandjules said:
Sounds like the police simply went out to help a rich person - after all, they knew libel would fail as it was the truth.

Perhaps it's time to lobby your MP to change the Harassment Act to include an absolute defence of Truth.
Disagree, I can see how it might have been seen as harassment - bearing in mind we havent seen everyting matey put online. If it really is a 'landmark' case then that implies there was some level of unknown.

With regards to the other guys company using their influence in evil ways we dont really have any confirmation of that or the extent of it other than mateys own website and posts by other people (some of whom no doubt are paranoid).

He makes mention that terrorist Police were used or some other serious crime type Police - not sure that matters much. I was once involved in what many would call a low level Police operation but we had with us armed officers - presumably because they didnt have anyone to shoot that day and therefore had to be utilised for normal duties.

I am not sure COLP can be criticised for following up the harassment claims but they can be criticised for their heavy handedness - if the claims are true and accurate.

I think some of you woudl soon change your tune if your private lfie was bandied about by some nutter on the net - even if it was true!



Edited by Mojooo on Friday 17th June 21:33