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12-13_ARENA_WINTER2015_Arena_A5 30/10/2015 09:34 Page 2 • ABUSIVE CALLS • KNOW YOUR RIGHTS • ABUSIVE CALLS • KNOW YOU ting call centre c e t o r P r o kers from abuse w to shield ion that can be used s a look at the legislat arena take e and offers advice rkers from verbal abus call centre wo Introduction I n our autumn issue call centre worker Gabrielle McDowall explained how she took an abusive caller to court and ensured he was prosecuted. In this issue we look at the law protecting staff from abusive callers and offer some tips on how to Gabrielle M minimise the risks. cDowall The Communications Act 2003 n Makes it an offence to make a phone call (including leaving a voicemail message) which is indecent, offensive or threatening. This covers racial, sexual, religious and other abuse, threats of violence and obscenity. This offence is punishable by a fine and/or up to six months in prison in serious cases. n It can be used even where there is a single instance of abuse of a threatening telephone call, but it does not cover things like face-to-face threats or abuse, nor for example a written note handed to somebody or pushed through their door – it only covers cases where a ‘public communications network’ is involved. It covers mainly telephone calls and anything sent through the post. 12 arena The Malicious Communications Act 1988 Makes it an offence to send any electronic communication that is indecent, offensive or threatening. This has been used to cover text messages, emails, tweets and Facebook posts. Again, this offence is punishable by a fine and/or prison in serious cases. There have been a number of high profile cases in the news recently where internet ‘trolls’ have been charged over malicious and offensive tweets and Facebook posts. The Protection from Harassment Act 1997 This act covers all types of harassment – telephone calls, text messages, tweets and Facebook posts, letters, notes and any form of intimidation. Where there is more than a single instance of threat or abuse by the same person, an offence may be committed under section 2 of this legislation. A person guilty of causing harassment under section 2 can be sentenced to up to six months imprisonment and the court can also impose a restraining order – a breach of a restraining order is punishable by up to five years in prison in serious cases.