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Unsolicited emails and the Gardai

  • 23-04-2013 11:36pm
    #1
    Griffin Sparse Thinker
    Posts: 0 ✭✭✭ Griffin Sparse Thinker


    What would be the situation if someone emails an old work colleague once or twice looking to get back in touch. In this case the recipient does not communicate their feelings about being contacted whatsoever.

    The emails would be merely simple banter and would contain no threats or anything criminal. Is it proportionate for the recipient to involve the Gardai and have them call to the sender's address to communicate the recipients desire not to be contacted again?

    I've done some Googling and on even the Garda website itself it states emails as bad as being threatening and offensive should merely be referred to hotline.ie:

    http://www.garda.ie/FAQ/Default.aspx?FAQCategory=12#FAQ1712

    In my humble opinion in this hypothetical situation the Gardai would be exceeding their remit. Does this happen at all? Does this sound like a plausible situation?


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Deleted User wrote: »
    What would be the situation if someone emails an old work colleague once or twice looking to get back in touch. In this case the recipient does not communicate their feelings about being contacted whatsoever.

    The emails would be merely simple banter and would contain no threats or anything criminal. Is it proportionate for the recipient to involve the Gardai and have them call to the sender's address to communicate the recipients desire not to be contacted again?

    I've done some Googling and on even the Garda website itself it states emails as bad as being threatening and offensive should merely be referred to hotline.ie:

    http://www.garda.ie/FAQ/Default.aspx?FAQCategory=12#FAQ1712

    In my humble opinion in this hypothetical situation the Gardai would be exceeding their remit. Does this happen at all? Does this sound like a plausible situation?


    One persons hello is another's harassment http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0010.html#sec10

    If a person makes a complaint from what I have seen AGS have a polite word, if the communications continue after that polite word then any person can expect an interview and possible prosecution.


  • #3
    fasttalkerchat
    Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    If the garda was in uniform report them to their superior. If not, they are acting in a personal capacity for a friend.


  • #4
    Griffin Sparse Thinker
    Posts: 0 ✭✭✭ Griffin Sparse Thinker


    fasttalkerchat wrote: »
    If the garda was in uniform report them to their superior. If not, they are acting in a personal capacity for a friend.

    Err this is all hypothetical my friend!!! :p But in my given example the Gardai (2 of 'em) would be uniformed.


  • #5
    fasttalkerchat
    Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    Deleted User wrote: »
    Err this is all hypothetical my friend!!! :p But in my given example the Gardai (2 of 'em) would be uniformed.

    In that case they would be acting in a professional capacity and representing AGS. I would make a complaint if I felt strongly about it.


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,532 ✭✭✭✭coylemj


    Deleted User wrote: »
    Err this is all hypothetical my friend!!! :p But in my given example the Gardai (2 of 'em) would be uniformed.

    So the number of unwelcome and unwanted Gardai who called on you would have potentially (and hypothetically) equalled the number of unsolicited and unwelcome e-mails you sent to your former colleague...
    Deleted User wrote: »
    What would be the situation if someone emails an old work colleague once or twice looking to get back in touch.

    For a 'hypothetical' scenario, you're a bit vague about how many times (once or twice) you emailed your former colleague but pretty precise about the number of Gardai (two, and in uniform) who called on you.

    If this is really a hypothetical scenario then why not post the hypothetical e-mail and tell us what the hypothetical cops said to you ?


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  • #7
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    They would not be exceeding their remit in investigating a complaint of harassment.


  • #8
    Griffin Sparse Thinker
    Posts: 0 ✭✭✭ Griffin Sparse Thinker


    coylemj wrote: »
    So the number of unwelcome and unwanted Gardai who called on you would have potentially (and hypothetically) equalled the number of unsolicited and unwelcome e-mails you sent to your former colleague...



    For a 'hypothetical' scenario, you're a bit vague about how many times (once or twice) you emailed your former colleague but pretty precise about the number of Gardai (two, and in uniform) who called on you.

    If this is really a hypothetical scenario then why not post the hypothetical e-mail and tell us what the hypothetical cops said to you ?

    Not trying to be vague mate. It was just a turn of phrase. There would have been a total of two emails sent. I don't know about posting their contents as (a) I don't have them (b) possibly if they are naughty I could get infracted by boards? I can assure you though there was no threats or even bad language! As for what the Gardai said in this imagined scenario then it would be simply that the recipient was unhappy with the content of the emails and wanted them to stop.

    From my research (Google) it seems most of the law regarding harassment is based on cases in a workplace environment. And for it to be harassment the sender must be first asked to stop!


  • #9
    Peanut2011
    Registered Users, Registered Users 2 Posts: 1,001 ✭✭✭Peanut2011


    Easiest is tell the person to block the sender or just direct the mail to spam. Problem solved!


  • #10
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Deleted User wrote: »
    Not trying to be vague mate. It was just a turn of phrase. There would have been a total of two emails sent. I don't know about posting their contents as (a) I don't have them (b) possibly if they are naughty I could get infracted by boards? I can assure you though there was no threats or even bad language! As for what the Gardai said in this imagined scenario then it would be simply that the recipient was unhappy with the content of the emails and wanted them to stop.

    From my research (Google) it seems most of the law regarding harassment is based on cases in a workplace environment. And for it to be harassment the sender must be first asked to stop!

    That's the important word in bold.

    The act says "(2) For the purposes of this section a person harasses another where—

    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and"

    There is only need to "seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other" that is very broad.

    Civil harassment and criminal are two ver different beasts. But as in this made up case in any event the person has been warned and knows that the other person feels that th communications ar interfering with their peace etc.


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