How to Report Cyberstalking and Harassment to the Police
Cyberstalking and harassment can take many different forms, whether you’re receiving distressing messages, being bullied, having personal information released online, or you suspect you’re being monitored.
This guide will help you understand what laws and regulations apply in the UK, how to report cyberstalking and harassment, what evidence you should collect and store, and how to engage with the police and other supporting organisations.
Laws and Regulations for Cyberstalking and Harassment in the UK
In the UK, laws such as the Protection from Harassment Act, Stalking Protection Act and Malicious Communications Act make many forms of online abuse criminal offences. However, even if the behaviour does not meet a criminal threshold, it could violate the terms of service of platforms and can be reported to the platform directly, potentially leading to the removal of the content, or the account. Report Harmful Content may be able to support you with this.
Reporting and Evidencing Cyberstalking and Harassment
If you are experiencing cyberstalking and harassment, there are some steps you can take to support your case and ensure that your police report and any further updates you provide them with are as effective as possible.
Keep a diary - If you are being stalked or harassed, keep a diary of all incidents, recording the date/time of the incident, what occurred, the impact it had on you and whether there were any witnesses.
There are some great tools available that can support you with this, for example Kulpa helps you to store evidence which is legally admissible and can be shared with the police and solicitors easily. However, if you do not feel safe doing this online, you may want to use an offline diary, if you need a template for this you can find one from the National Stalking Helpline here.
Record any communications with others - Whenever you speak to someone regarding your case, whether this be the police or a social media platform, keep a record of the date and time you spoke to them, the name of the person you spoke to (and their badge number if they are a police officer), and what was discussed and agreed. You should also ask for a reference number if this is available. The police may call this a log number or crime reference number.
Collect evidence from others - Over 35% of cases of stalking also impact those around the victim, including friends and family. Perpetrators may contact friends and family to gather more information about you, to attempt to impact your relationships with others or for other reasons. If you feel comfortable and it is safe to do so, talk to those around you and ask them to send you any messages or other behaviours they think could be related. Ask them not to reply to them or delete the messages as this could be evidence. Instead ask them to keep a record of when they received the messages, screenshot them, and send you a copy so that you can add this to your diary.
Check for signs of compromise - If you suspect any of your online accounts have been compromised or are being accessed by someone else, in the privacy/security settings of most social media sites, you will find a list of where your account has been accessed from recently. This may include locations and IP addresses, if there are entries on here that you do not recognise then take a screenshot of this list, noting the time and date this was done. It is important that you don’t remove access to the accounts unless it is vital to do so, as this could lead to escalations in the stalker's behaviour and the loss of evidence.
Unfortunately, it is common for the perpetrators of cyberstalking and harassment to try and blame their victims for the abuse, or to justify their actions to the police by accusing you of a crime, or abusing you first. This makes it especially important not to interact with the perpetrator either in person or online, and to keep a record of all their interactions with you, along with any witnesses.
When dealing with the police, you may encounter individual officers who do not fully understand the nature of cybercrime and online harms and the impact it has on you. They may claim that they cannot investigate as the companies are based overseas, or they may try to minimise your situation.
If you encounter a difficult situation with the police when reporting your case, don’t let this deter you. Continue to report and seek support from advocates such as Paladin or the National Stalking Helpline who can help you to navigate barriers with law enforcement.
Stalking Protection Orders
The Stalking Protection Act introduced a new civil protection for victims called Stalking Protection Orders (SPO). These are designed to protect victims where other types of court order such as Domestic Violence Protection Orders (DPPO) or Restraining Orders (RO) do not apply or are not suitable. An SPO is a type of injunction that the police apply to magistrate’s court for on behalf of the victim. There are two types of SPO, a full order and an interim order:
A full order requires that the police satisfy the court that the order is necessary to protect another person from stalking.
An interim order is a temporary measure designed to protect the victim from immediate harm whilst a full order is being applied for. Issuing an interim order has a lower threshold and only requires that the court considers it appropriate to do so.
Both a full and interim SPO can list both positive and negative requirements. Negative requirements are those which require the perpetrator to immediately stop doing an activity, this can include but is not limited to the following:
Going to certain locations or areas where the victim lives or frequently visits.
Contacting the victim by any mean including through third parties.
Talking any photos or video of the victim or engaging in any form of surveillance.
Mentioning the victim directly or indirectly on social media.
Making vexatious applications to civil or family courts about the victim.
Accessing the internet from any device which does not record a history of their internet use.
An SPO can also include positive requirements which require the perpetrator to do something. This can include but is not limited to:
Attending mental health assessments or treatment.
Attending a perpetrator intervention programme.
Engaging with a drugs or alcohol treatment programme.
Surrendering their devices.
Providing the police with access to their devices and/or social media accounts.
Appearing in person at regular intervals at a police station.
Under the magistrate’s court rules, when an order is issued by the court, it must be served on the perpetrator as soon as possible. This can be done in person, by post, or by email. If sent by email, then it will be considered received one day after being sent, and if sent by post then it will be considered received 3 business days after being sent. The court rules do not require additional proof that the perpetrator received the order by post or email for it to take effect. Violating an SPO without a good reason is a criminal offence and can result in a prison sentence.
For a stalking protection order to be effective, it must include all relevant information. An advocate will help with this, below are some key points that the police should follow when they apply for the order.
The police should work directly with you and get your views on what should be included in the order.
An SPO can last indefinitely (until another order is made) or for a fixed period of time, which must be a minimum of 2 years.
If the stalking is taking place over more than one type of communication method, i.e. Facebook, WhatsApp, and text messaging the police should ensure that all of these methods are listed individually in the order.
As cyberstalking can occur at the same time as physical stalking, your home address should not be included in the SPO to help protect your privacy.
If your home address is included on the SPO, then this will need to be kept up to date if you move home.
Other addresses such as your work address, or other locations you frequently visit should be included in the SPO to prevent the stalker from approaching you.
An SPO is useful both for protecting you from further abuse whilst a criminal investigation is ongoing, or to offer a protection from ongoing harassment where the abuse does not meet the criminal standard. Unfortunately, SPOs are not always fully understood by individual police officers, with some still unaware that these orders exist. Many police officers are also unaware of their responsibility to direct victims to stalking advocacy organisations who can help them navigate the criminal justice system.
Accessing Cyberstalking Support
Cyberstalking and harassment often occurs for extended periods of time, from days to years. The longer it goes on, the more frightening it can feel and often more daunting it can seem to report it. In fact, research has shown that, on average, victims of stalking experience 100 incidents of stalking before they report it to the police. Many of the behaviours amounting to stalking and harassment have been normalised, but it is important to know that these behaviours are not acceptable, and that support is available. Multiple organisations can help you through this and assist you in reporting your case to the police. The Cyber Helpline can provide advice to help secure your online accounts and set privacy settings, while our partner charities can provide specialist help stalking and abuse victims.