The state of free speech in England is becoming alarming. First, the new terrorism law, now this harassment theory. Probably I could be liable in England for something for saying this. For all the manifold defects of American constitutionalism, it makes me want to go out and give the First Amendment a great big hug. Is there any protection from the new laws in the EU, which has made some supranational right enforcveable in the courts of member states?
--jks
>
>The Guardian revealed that a London court had allowed an action for
>harassment to go ahead against the Sun newspaper. Harassment is a new
>form of civil legal action (and a new criminal offence) established by
>parliament in the 1997 Protection from Harassment Act. The act was
>ostensibly aimed at dealing with so-called stalkers, but its terms are
>extraordinarily vague and potentially the law has very broad scope
>indeed.
>
>To be liable for court action for harassment it is only necessary to do
>or say something at least twice which a in the view of a court a
>reasonable person ought to know would cause alarm and distress to the
>person who claims they were harassed. Indeed it is not even necessary to
>do anything a person may sue for harassment if they 'apprehend' that
>someone is going to do or say something at least twice which would
>amount to harassment. Moreover a defendant can be found to have harassed
>someone despite having no intention of doing so. A finding of harassment
>can result in damages or an injunction preventing repetition of whatever
>was done or said. (For a critique of the act see www.flawsite.demon.co.u
>k/flawsite/pfhabrief.html)
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