Abstract
This chapter looks at two issues that are often taken together: stalking and bullying. As with fraud, there is a disagreement as to whether these should be called cyberbullying and cyberstalking or not. The argument against using cyber in the title is that the internet and other technologies are simply a tool to undertake the bullying and stalking. That the stalking would happen in any event, but technology allows it to take place online. Bullying is similar where there is some evidence that even online bullying takes place when the two parties know each other. So, the technology simply allows other forms of bullying to be brought online. That said, there are undoubtedly circumstances when bullying does only take place only online and here jurisdiction can be a problem as bullying can take place across international borders. The chapter considers how the law can respond. It notes that nonfatal offences are quite difficult to use because under English law an assault requires a person to apprehend immediate and unlawful violence, something sometimes tricky over computers. That said, when the impact on a victim is such as to cause psychiatric harm, then some of the more serious offences can be used. Stalking is covered by the Protection from Harassment Act 1997 although some question the extent to which it covers online stalking. The more usual offences are the communication offences but the proposals under the Online Safety Act 2023 could make that more difficult. It shows that while freedom of speech has been the main focus of these offences, an unintended consequence could be that there is more bullying.