Online stalking

What kinds of conduct may be online stalking?

Online stalking can take many forms.

For example, it may include someone:

• sending you unwanted messages;

• posting on your social media pages after you have asked them to stop;

• contacting your friends, family members or colleagues about you;

• making posts purporting to originate from you or your family members; or

• joining your online groups or communities and making their presence felt to you.

As some of these examples demonstrate, online stalking can happen even if the person does not communicate with you directly.

What if the person targets someone close to me?

You may be a victim of online stalking even if the person does not target you directly.

For example, a person may stalk a parent by repeatedly targeting the parent’s child online. The parent may be a victim if the conduct is likely to cause the parent harassment, alarm, distress or humiliation.

Does it have to happen more than once?

Online stalking usually involves conduct on more than one occasion.

However, a single episode may still be online stalking if it continues for a prolonged period, or if the perpetrator has a previous conviction under the Protection from Harassment Act for stalking you.

What factors may be relevant?

Each case depends on its facts. Relevant factors may include:

• how often the conduct happened;

• how long the conduct went on for;

• how the conduct was carried out;

• the likely impact of the conduct on your safety, health, reputation, economic position or freedom; and

• your particular circumstances, including your physical or mental health and personality.

Offline conduct may also be relevant. For example, if the same person has also followed or approached you in person, that may be considered together with the online conduct.

What may not be online stalking?

It is not online stalking if a reasonable person would not think the conduct is likely to cause you harassment, alarm, distress or humiliation.

For example, merely following a person’s public social media account, and regularly checking for updates, is unlikely to be online stalking, especially if the account holder has not taken steps to stop or restrict the person from doing so.

Unsure whether this applies to you?

You do not need to work this out alone. You can speak to our community partners for support. They can help you understand what help may be available, and what steps you can take next. Find out more here.