A Comparative Analysis of Cyberstalking Legislations in UK, Singapore and Sri Lanka

Abstract

The offence of cyberstalking involves an unwanted and repeated pursuit of a person by another and includes a variety of threatening, harassing, distressing and potentially dangerous behaviors on more than one occasion over the internet or on the cyberspace. Research indicate that over the past few decades the prevalence rates of cyberstalking incidents have widely increased. This paper seeks to analyze the legislative approaches adopted by three jurisdictions, namely, UK, Singapore and Sri Lanka in addressing the offence of cyberstalking. The analysis reveals that both the UK (except for Northern Ireland) and Singapore contain explicit legislative provisions on cyberstalking which is mainly addressed through the stipulated non-exhaustive list of examples or through illustrations. Although Sri Lanka lacks specific law on cyberstalking, some of the existing criminal laws such as the Penal Code provisions on criminal intimidation, sexual harassment and some provisions of the Computer Crime Act of 2007 and the Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act of 1998 can be used to a certain extent to prosecute cyberstalking.