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Where is the line between naming and shaming and harassment?

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Re: Where is the line between naming and shaming and harassm

Postby atticus » Thu Jul 13, 2017 5:04 pm

Guess what hairy: I was answering the other question.

The answer you gave did not, I think, address that question.
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Re: Where is the line between naming and shaming and harassm

Postby blig » Thu Jul 13, 2017 5:50 pm

OK, so lets unpack that answer:

This line is naming:
Guess what hairy: I was answering the other question.


The blank line in the middle is the line between naming and shaming, and "harrassment":


The line at the end is (perhaps a rather feeble attempt at) "harassment":
The answer you gave did not, I think, address that question.


:)
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Re: Where is the line between naming and shaming and harassm

Postby Hairyloon » Thu Jul 13, 2017 7:29 pm

atticus wrote:Guess what hairy: I was answering the other question.

Indeed, but I think the one question was the one wanting an answer: the other question was to put the one in context.

The answer you gave did not, I think, address that question.

Do you think your answer did not adequately cover that point?
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Re: Where is the line between naming and shaming and harassm

Postby atticus » Thu Jul 13, 2017 8:55 pm

No.
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Re: Where is the line between naming and shaming and harassm

Postby dls » Fri Jul 14, 2017 6:29 am

The point to understand is that, for right or wrong, the Act potentially criminalises acts which might otherwise be perfectly lawful and innocent.
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Re: Where is the line between naming and shaming and harassm

Postby Hairyloon » Fri Jul 14, 2017 7:31 am

dls wrote:The point to understand is that, for right or wrong, the Act potentially criminalises acts which might otherwise be perfectly lawful and innocent.


Potential is fine, as long as there are proper mechanisms to ensure that that potential is not inappropriately realised.
Are there? Or does it all come down to the judge and his mood on the day?
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Re: Where is the line between naming and shaming and harassm

Postby Maz JP » Fri Jul 14, 2017 2:06 pm

Hairyloon wrote:Potential is fine, as long as there are proper mechanisms to ensure that that potential is not inappropriately realised.
Are there? Or does it all come down to the judge and his mood on the day?

In my experience, it is not hard to tell whether or not harassment has been proved. Remember we are talking about what normally amounts to unusual behaviour here.

And mood? As if the judiciary have moods...
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Re: Where is the line between naming and shaming and harassm

Postby atticus » Fri Jul 14, 2017 2:24 pm

Does hairy understand the concept of judges acting judicially? Capricious behaviour leads to appeals and rebukes from appeal judges.
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Re: Where is the line between naming and shaming and harassm

Postby Maz JP » Fri Jul 14, 2017 2:56 pm

All courts are required to give (written) reasons for the verdicts that they reach. "I am in a bad mood today" doesn't go down well with the Judicial Standards Board.
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Re: Where is the line between naming and shaming and harassm

Postby preacherman » Mon Jul 17, 2017 6:14 pm

dls wrote:The point to understand is that, for right or wrong, the Act potentially criminalises acts which might otherwise be perfectly lawful and innocent.


I second that. My friend was served with a harassment notice for 'looking at someone' and also for allegedly asking ' private business questions'.

I was arrested because I issued court claim particulars, and for saying 'hello' to someone in the local spar shop. So, I write a statement witnessing true events, and the officer says that because the statement of claim says what it says, the officer says to me, "your implying a fireman of 19 years is a conspirator to arson, thats like saying a police officer stole something, I believe you have pursued a course of conduct that amounts to harassment".

I think investigating crime is a defence to alleged harassment.
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