When Does Bullying Become Harassment?

Bullying is often associated with children, but it can occur in any environment and at any age.

In many situations, bullying mirrors the legal definition of harassment: an intentional course of conduct causing alarm or distress. In serious cases, bullying can cross the threshold into criminal offending.

This article explains when bullying becomes harassment, and the criminal and civil remedies available under the Protection from Harassment Act 1997 (PHA 1997).

1. What Is Harassment?

Harassment is both:

• a criminal offence (s.2 PHA 1997), and
• a civil tort (s.3 PHA 1997).

Section 1 prohibits pursuing a course of conduct amounting to harassment.

The Act does not give a full definition, but Section 7 clarifies that harassment includes behaviour causing alarm or distress and requires at least two incidents.

Harassment contains:

• Objective element: a reasonable person would consider the behaviour harassment.
• Subjective element: the perpetrator must know, or ought to know, that their behaviour amounts to harassment.

Harassment cannot be committed negligently; it must be intentional.

2. What Is NOT Harassment?

Section 1(3) excludes conduct that is:

• pursued to prevent or detect crime,
• carried out under legal authority, or
• reasonable in the circumstances.

These exclusions prevent legitimate policing, regulatory activity or justified behaviour from being criminalised.

3. Criminal Liability (Section 2)

Section 2(1) states that a person who breaches Section 1 commits a criminal offence. The prosecution must prove the offence beyond reasonable doubt.

The age of criminal responsibility in England and Wales is 10, meaning children aged 10 and above can be prosecuted for harassment.

Threshold for Criminal Harassment

Harassment must be:

• oppressive,
• unreasonable, and
• calculated to cause distress.

Minor disagreements or unpleasant interactions do not meet the threshold.

In Dowson v Chief Constable of Northumbria [2010], the court held that harassment becomes criminal when the torment is so serious that criminal liability is justified. Insensitive or overbearing behaviour was not enough.

4. Sentencing Guidelines

For first‑time offenders:

• Minor incidents: medium community order → Band C fine
• Continual contact, night‑time contact, attempts to enter home/workplace: 6 weeks’ custody → medium community order → 12 weeks’ custody
• Threats of violence, offensive materials, personal photographs: 18 weeks’ custody → 12–26 weeks’ custody

Aggravating factors:

• planning,
• ignoring obvious distress,
• involving others.

Mitigating factors:

• provocation,
• limited understanding of impact.

If harassment is racially or religiously aggravated, it becomes an either‑way offence with a maximum of two years’ imprisonment on indictment.

5. Civil Liability (Section 3)

To succeed in a civil claim, the claimant must prove harassment on the balance of probabilities.

Section 3(1) allows courts to grant:

• damages,
• injunctions, or
• both.

Injunctions vs Undertakings

• Injunctions prevent future harassment and carry criminal consequences if breached.
• Undertakings are promises to the court; breaches require contempt proceedings and do not involve police enforcement.

Damages

Damages may be awarded for losses such as anxiety, provided the claimant can show the harassment caused the harm.

6. Time Limits

• Criminal harassment (s.2): must be charged within 6 months (summary offence).
• Civil harassment: 6‑year limitation period.

7. When Does Bullying Become Harassment?

Bullying becomes harassment when:

• the behaviour is intentional,
• it forms a course of conduct,
• it is calculated to cause distress, and
• the severity is real and not trivial.

Bullying that is merely unpleasant or rooted in interpersonal conflict will not meet the legal threshold. Bullying that is persistent, targeted, intimidating or threatening may amount to harassment.

8. Other Offences That May Cover Bullying

Some bullying behaviour falls outside the strict definition of harassment but may still be criminal under other legislation.

Malicious Communications Act 1988 (s.1)

Covers sending indecent, grossly offensive, threatening or false communications with intent to cause distress or anxiety. Applies to letters, emails, texts.

Connolly v DPP [2007] confirmed that “indecent” and “grossly offensive” carry their ordinary meaning.

Communications Act 2003 (s.127)

Covers grossly offensive, indecent, obscene or menacing messages sent by phone or email. Includes persistent silent calls and cyber‑bullying.

Criminal Justice Act 1988 (s.39)

Assault includes words or silent calls causing the victim to apprehend immediate unlawful violence. Severe bullying may fall within this offence.

9. Summary

• Harassment requires intentional, oppressive behaviour causing alarm or distress.
• It must involve at least two incidents.
• Criminal harassment requires proof beyond reasonable doubt; civil harassment requires proof on the balance of probabilities.
• Remedies include damages, injunctions, and criminal sanctions.
• Bullying becomes harassment when it is persistent, targeted, and calculated to cause distress.
• Other legislation may apply to threatening or abusive communications.