Time to unpack the juggernaut?: The “cyberbullying” debates in Canada Jane Bailey jbailey@uottawa.ca Technology, Law and the Public Interest Ottawa-HKU Conference Hong Kong 10 April 2014 34 girls and young women policy process review “cyberbullying” Bullying Awareness Week Peter MacKay Bill C-13 The Protecting Canadians from Online Crime Act “what wouldn’t you do to protect an innocent child?” “horrible crime of cyberbullying” that “help is available and that hope is everywhere” Stephen Harper “justice for their daughters” government-orchestrated Rehteah Parsons “cyberbullying” Amanda Todd daughters non-consensual distribution of intimate images hate speech based on sex, age, national origin and mental or physical ability false, indecent and harassing communications using a telecommunications system vast majority state surveillance powers HELP logical tragic one richer and more complex is should punitive community revenge porn women & girls LGBTQ punitive individuated multi-faceted strategy sexist homophobic racist classist ableist colonialist sexualized attacks girls and women LGBTQ shaming & despair chosen characterization response mélange breadth & depth Senate Standing Committee on Human Rights young people law & order nature & underlying causes barriers to responding recommended responses debatable consensus Cyberbullying is a serious problem. “one of the worst problems facing young people today” Christian Whalen Acting Child and Youth Advocate, Office of the Ombudsman of New Brunswick “part of the problem is that focusing on the term cyber-bullies is distracting us from the facts” Helen Kennedy Executive Director, EGALE Cyberbullying is worse than traditional forms of bullying. “[The] immediacy and broad reach of new technologies has made bullying easier, faster, anonymous, more prevalent, permanent and more cruel than ever before.” Kerry-Lynn D Findlay Parliamentary Secretary to Minister of Justice examples highly mediatized suicide cases “… when we notice bullying, when the media has noticed it is when there are extreme cases … and that can cause a very reactive kind of situation. … What we need to do for education, and I think that is important in terms of the media, but not noteworthy because it is not a great headline, is address the fact that these everyday minor common things start young.” Dean Faye Mishna University of Toronto Amanda Todd Rehteah Parsons “when backed by the oppressive cult of unrealistic body images for young women and the powerful pressures on adolescent women to seek personal validation in sexual activity they may not be ready for” Randall Garrison MP “the police were trying to track … the person who criminally harassed, they didn't have all the powers to do it. That's why the police boards are supporting my bill. They feel they don't have the correct tools.” Hedy Fry MP competing viewpoints Is cyberbullying clearly defined? elasticity “no universally accepted definition” Wendy Craig Co-Director, PREVnet power imbalance intention to harm scope 6-65% underlying factors individual systemic “Biased-based cyberbullying, as well as traditional bullying, is linked to larger social and public policy issues. While homophobia, racism, sexism and other forms of marginalization are apparent in cyberbullying, we must confront these biases in society.” Dean Faye Mishna University of Toronto “The issues of sexual orientation, whether you are perceived to be gay, lesbian or bisexual, issues of gender expression, whether you are seen to be as masculine as other boys or as feminine as other girls, those are highly involved reasons that students are targeted.” Elizabeth Meyer Concordia University “receiving sexual pictures, being asked to do something sexual or being coerced through pressure to send out a picture” Dean Faye Mishna University of Toronto Does cyberbullying produce extreme results (like suicide)? contributing factor systemic discrimination LGBTQ Aboriginal nature underlying factors barriers to responding recommended courses of action gaps in criminal law and law enforcement tools new criminal offences expanded surveillance tools “I understand that a lot of police feel that the existing Criminal Code provisions are not adequate. Personally, as a legal analyst, I am not sure I agree with that. There are a number of things in terms of defamatory libel, intimidation, criminal harassment, assault — all kinds of things that can be applied ….” Wayne MacKay Schulich School of Law don’t address underlying issues youth unaware of law youth believe they won’t get caught proactive multi-pronged strategy individual behavioural/developmental “safety” behaviour modification social and empathy skills human rights media literacy stereotype busting respect for diversity “I do not know where the surprise is coming from with us as a community. We need to be less surprised and more proactive. We need to challenge the messages that youth are facing and give them the tools … [of] critical analysis, respectful disagreement and human respect.” Jeremy Dias Jer’s Vision the technology or the users? inevitability neutrality “the one reality we know is that technology will remain omnipresent. We do not have the choice to remove it.” David Birnbaum, Executive Director, Quebec English School Boards Association “the root of the cyberbullying problem is not social media sites and/or the Internet but rather the manner in which Internet users interact while using social networking sites” Inspector Michael Lesage Acting Director General National Aboriginal Policing Royal Canadian Mounted Police training the humans to suit the tech “There are external applications that students download and put on their Facebook; there are things like Compare People, How Ugly Are Your Friends, Rate My Friends, and Bathroom Wall. These are all applications hosted by third-party companies. They are getting money to run these applications on Facebook, so these are businesses promoting bullying, in a sense.” Alisha Virmani Youth Leader Canadian Red Cross “set up an environment in which everyone can have access to all kinds of information about [young people], but by default” Stan Davis Co-researcher Youth Voice Project, Stop Bullying Bill C-13 “cyberbullying” sexual harassment a problem intellectual and political juggernaut tragic highly mediatized cases protecting children nothing obscured “cyberbullying” immediate recognition & concern bloated meaningful long-lasting unpack diverse candidly respond meaningfully in the public interest jbailey@uottawa.ca www.egirlsproject.ca