Clause 12

that involves online acts or omissions associated with stalking; and

that a reasonable person would conclude is likely to cause the victim harassment, alarm, distress or humiliation.

making any communication, or attempting to make any communication, by any means —

to the victim or a related person;

relating or purporting to relate to the victim or a related person; or

purporting to originate from the victim or a related person;

engaging in online activity in any online location (whether public or private) which is visited by the victim or a related person;

making a presence felt to the victim or a related person in any online location (whether public or private).IllustrationsThe following online activities involve acts associated with stalking of X by Y: (a) Y repeatedly posts emojis or symbols on X’s social media account page even though X has asked Y on multiple occasions to stop interacting with X. (b) Y sends messages to the social media accounts of many family members and friends of X, with disparaging comments about X. (c) X has blocked Y on a social media service and told Y to stop associating with X. Despite this, Y joins every online community that X is part of across multiple social media services, and persistently makes Y’s presence felt to X by engaging in online activity in these communities, even though Y cannot communicate with X directly.The following online activity does not involve acts associated with stalking of X by Y: (d) Y uses Y’s social media account to follow X’s public social media page and regularly checks for updates in a case where X has not taken steps to stop Y from doing so.

the number of occasions on which the online acts or omissions associated with stalking were carried out;

the frequency and the duration of the online acts or omissions associated with stalking that were carried out;

the manner in which the online acts or omissions associated with stalking were carried out;

the circumstances (not limited to online acts or omissions) in which the online acts or omissions associated with stalking were carried out;

the particular combination of online acts or omissions associated with stalking comprised in the course of online conduct;

the likely effects of the course of online conduct on the victim’s safety, health, reputation, economic position, or the victim’s freedom to do any act which he or she is legally entitled to do or not to do any act which he or she is not legally bound to do;

the circumstances of the victim, including his or her physical or mental health and personality.

on one occasion, if —

the conduct is protracted; or

the online stalker has a previous conviction under section 7 of the Protection from Harassment Act 2014 in respect of the same victim; or

on 2 or more occasions in any other case.