ABSTRACT

Where the infringement of privacy takes the form of harassment by the media, the subject of the intrusive conduct can seek redress under the causes of action set out below.

Section 1 of the Act is a general prohibition on conduct which amounts to harassment or which the defendant knew or ought to know amounts to harassment (an objective test). Unhelpfully, the Act does not define what is meant by harassment. It goes some way to confining the concept within limits, in that it provides that a course of conduct will not amount to harassment if the defendant shows that it was pursued for the purpose of preventing or detecting crime or if it was carried out under any enactment or rule of law or that in the particular circumstances the pursuit of the course of conduct was reasonable.