JISC Legal : Harassment

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Legal Guidance for ICT Use in Education, Research and External Engagement

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Harassment

Harassment Law

Harassment online by email is a serious concern for many people. The Protection from Harassment Act 1997 is intended to prevent 'stalking' and other similar unsocial conduct. It states that a person must not pursue a course of conduct which amounts to harassment of another, and which that persons knows, or ought to know, amounts to harassment of another. This includes by email or by other computer related means such as discussion forums, for example. FE and HE institutions must ensure that information technology facilities are not used in such a way.

Resources

Guidance
FAQs
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Links

e-Safety Policy Checklist (30 October 2012)
A checklist of questions for institutions to consider when updating or framing an e-safety policy.

Equality, Disability and the Law Essentials (25 October 2012)

This Essentials Guide provides readers with a direct, point-by-point guide to the Equality Act 2010's disability discrimination provisions and their application to further and higher education.

Law and ICT for Vulnerable Learners in FE (30 July 2012)
This guidance is intended for staff in UK FE colleges whose provision includes further education or training for vulnerable learners with varying needs including disability issues.

ARCHIVED: RSC Northern - e-Safety and the Law: How to Safeguard Your Learners - Presentation (23 March 2010)
Jackie Milne presented on legal aspects of safeguarding e-safety.

Safeguarding: Meeting your e-Safety Duties Webcast (3 March 2010)

This webcast was designed to assist institutions in meeting their legal duties and inspection needs in relation to safeguarding and e-security.

Legal Aspects of Web 2.0 and Social Networking - Presentation (26 February 2010)
Presentation by Jackie Milne on Legal Aspects of Web 2.0 and Social Networking to the 'Scottish Web Folk Group'.

ARCHIVED: RSC West Midlands- e-Safety: My Legal Duty to Young Learners - Presentation (16 December 2009)
e-Safety presentation, delivered by Jackie Milne at RSC WM workshop.

RSC Scotland North & East- e-Safety and the Law - Presentation (15 December 2009)
Presentation by Jason Miles-Campbell on e-Safety and the Law at the RSC Scotland North & East Winter Fayre at the National e-Science Centre in Edinburgh.

Cybercrime Essentials (1 February 2007)

The prevalence of computer related crime means that FE and HE institutions are affected in many of the same ways as other businesses, organisations and individuals.

Cybercrime Overview (1 February 2007)

This Cybercrime overview paper explores the main obligations imposed on institutions concerning the provision and use of IT facilities in terms of cybercrime.

What balance should we strike between a strict internet filter and a more lenient policy?
The simplest way of addressing this is to remind users that it is the institution's responsibility to comply with the JANET Acceptable Use Policy ... (cont)

What is the legal position with regards to digitising our student newspaper, if the content turns out to be libellous? The general rule of UK defamation law is that the publisher of a defamation faces liability and this applies to FE and HE institutions as publishers in the same way as to any other publisher.

Our employed apprentice students require access to MIS information which may be sensitive. Is this allowed?
Where a college employs students as apprentices and provides them access to MIS information as part of the responsibilities of their job and this enables them to view the records of other students this would not be a breach of data protection law in itself.

Do the legal risks of using Facebook in education outweigh the benefits?
This is a decision for the institution to make. There have certainly been various news articles highlighting privacy and data protection concerns related to Facebook, and similar issues apply to other external social networking sites ... (cont)

What are the legal implications of hosting or offering blogs and wikis?

Data protection and other legal issues remain the same for a college or university when hosting, offering or using blogs, wikis, and any other ... (cont)

Where can we get practical, relevant staff development training on ICT and law issues such as copyright, data protection and e-safety?

We are pleased to announce the launch of JISC Legal Plus - a new staff development service bringing JISC Legal's expertise to your institution at competitive prices... (cont'd)

Where can I get more information on writing an e-Safety policy?

JISC Legal offer you a variety of resources to help you do this ... (cont)

Websites Forced to Identify Trolls
New government proposals, to be added to the Defamation Bill, state that internet 'trolling' victims have a right to know who is behind the malicious comments made about them.

Personal Opinions Online Subject to the DPA

The High Court states that even where private individuals are expressing their own views online the requirements of lawful processing in the DPA can apply.

Jan 2012 Deadline for Institutions' Compliance with Equality Duty

The Equality Act 2010 (Specific Duties) Regulations 2011 are now in force and require that Equality Duty compliance information must be published by the end of January 2012.

New Equality Obligations in Place This Week

The general Equality Duty under the Equality Act 2010 comes into force this week (5/04/2011) and places three broad requirements on the public sector including colleges and universities.

Defamation Bill 2011

This bill seeks to amend current defamation legislation and is progressing through Parliament. The main focus of the bill is to make sure that defamation legislation is fit for modern times.

Wanted - Your Views on New Public Sector Equality Duty

A consultation by the GEO seeks views on proposals for draft regulations on the new public sector equality duty.

Equality Act Receives Royal Assent

On 8 April 2010 the Equality Act received royal assent after completing its parliamentary process.

Liability for Defamation does not Limit Free Speech (13/03/2009)

European Court of Human Rights maintains a new defamation action can be brought for every access to online defamatory material.

Widening of Privacy Concept

The European Court of Human Rights ruled that a photograph taken without consent breached a person's right to a private life.

List of Media Law Tweeters

Guide to Social Networking in the Workplace

ACAS guide offers practical tips on the impact of social networking on discipline and grievances, bullying, defamation, data protection and privacy.

Equality Act 2010 - A Summary Guide for Public Sector Organisations

Guidance for public sector organisationsaims to make current equality law more consistent, clearer and easier to follow in order to make society fairer.

Equality Act 2010

Guidance for organisations and employers on the implications of the Equality Act 2010 available at: http://www.equalities.gov.uk/equality_act_2010/equality_act_2010_what_do_i_n.aspx.

HMIe Report on Safeguarding Arrangements and Practice in Scotland's Colleges (25/06/2010)

An aspect report by HM Inspectors on behalf of the Scottish Funding Council to identify approaches and best practice and to make recommendations for improvement.

South West Grid for Learning Trust - Template Policy and Review
Specific e-safety policy template available and 360 degree self review tool.

Kent Trust Web - Core e-Safety Policy and Audit

e-Safety resources, including a sample audit and core policy.

IWF

The Internet Watch Foundation, established in 1996, aims to minimise the availability of online criminal content.

CEOP and Thinkuknow

The Child Exploitation and Online Protection (CEOP) Centre delivers a multi-agency service dedicated to tackling the exploitation of children.

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Harassment Newslinks

Updated Equality, Disability and the Law Guidance

This JISC Legal Essentials Guide provides readers with a direct, point-by-point guide on the Equality Act 2010 in regard to its disability discrimination provisions and its application to Further and Higher Education.

Social Media Laws - New Prosecution Guidelines

Grossly offensive social media communications are to attract the use of remedies other than criminal prosecution.

Equality Act - Revised Department for Education Guidance

Advice from the Department for Education on the Equality Act 2010 has been updated.

Facebook to Identify Abusive Account Holders

The High Court in Belfast recently ordered Facebook to identify anonymous account holders responsible for posting abusive messages about a Belfast company and its employees.

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