Cyber-Bullying
By Hemani and Moni
What is Cyber Bullying
Cyber Bullying is a form of bullying carried out online
or through mobile phones
This could include using texts, email or social networks
sites to harass or abuse someone
Forms of Cyber bullying may also include: phone calls,
YouTube videos with offensive content, child
pornography, online harassment.
Impacts of technology on the
Individual
During this generation, technology is improving vastly examples
could be the introduction of:
Internet and other software that allows one to access networks
worldwide
Social Networks and Media
These improvements will enable an individual to access any
network from anywhere they can be.
More of these improvements can allow certain individuals such as
the police to have the ability to pinpoint exactly who committed
the crime just by using DNA left at the crime scene.
Legal implications of the use
of technology
Although technology provides numerous benefits to young
people it can also be abusive
E-mail, texting, chat rooms, mobile phones, mobile phone
cameras and web sites can and are be using by young people
to bully peers.
Can occur at any place and at any time
Target often feels as though they can't "escape”
Can be very public, very difficult to control who can view
what once it has been posted on the internet as anything
can then be retrieved
Legal implications
Cyber bullying often occurs as people are not aware
of the laws and penalties that result from it
Lack of knowledge and understanding among young
people about the legal and social consequences
The Criminal Code Act 1995 highlights that it is an
offence of using a carriage service in a way that is
‘menacing, harassing or offensive’ – this act can easily
be applied and extend to online communication
Time line of major events
regarding to technology
Within the decades of the 1980’s the telephone was invented
1891: Radio was invented
1950s: Internet was invented
1966: Email was invented
1973: First Mobile Phone was made.
1999: Blogger created
2001: Wikipedia created
2003: Facebook, MySpace and Second Life Created
2005: YouTube Created
2006: Twitter created
Difficulties with enforcing
rights in regards to Cyber
bullying
Legislators weren’t expecting the rapid growth of online
behaviors that would require new laws.
The cyber bully may use different names to hide their true
identity or fake their identity to be someone else.
Some statistics have shown that people are more likely to
engage in offensive and illegal behavior online because of
the illusion of anonymity.
It may be hard to provide evidence that a cyber crime has
been committed as the process of actually gathering
evidence may take a long time.
Case Study : Ravshan
Usmanov
Usmanov uploaded six nude photographs of his previous girlfriend to
a social networking site without her permission three months after
the breakup of the relationship
Usmanov pleaded guilty under Crimes Act 1900 s 578C.
Crimes Act 1900 s 578C is the act of publishing indecent articles.
Due to a lack of case law, the magistrate could not cite any previous
NSW cases to assist in her judgment.
Using Usmanov’s desire to expose the photos to as many people
possible to elevate the seriousness of the offence, the Magistrate
sentenced Ravshan Usmanov to 6 months in jail.
Usmanov’s sentence was suspended and he spent no time in prison.
Case Study Cont. : Ravshan
Usmanov
The magistrate quoted “deterring both the offender
and the community generally from committing similar
crimes”
This case pointed out the unlimited threat offered by
social networking sites.
The magistrate also stated that the popularity of social
networking sites can create potential for real harm,
there is a need to ensure that there should be laws to
enforce the offences similar to this type.
Case Study: Shane Gerada
Allem Halkic committed suicide at the age of 17, due to
threatening text messages he received from Shane Gerada which
had heavily influenced him
Shane Wanted revenge as a result of jealousy due to the fall out
involving a girl
“Ur all mouth and no action, wait till I get my hands on u, and I’m telling u
now ill put you in hospital.”
Shane avoided jail in Australia's first prosecution over cyber
bullying
Pleaded guilty to stalking, received 18-month community based
order
Case Study: Shane Gerada
In response to this case national educators gathered in
Melbourne to discuss bullying in Australian schools
The case has now set a precedent for other families.
Lawyer Julia Schembri says the victim of crime
application was not about compensation but
acknowledgement that Allem Halkic was victimised.
Australia first witnessed its absence of specific cyberbullying legislation in Allem Halkics case, where the case
was treated as a criminal offence
Conditions
Unlike many states in the US that have drafted specific
legislative provisions to tackle cyberbullying after
suicide incidents, Australia is still undecided whether it
should have specific cyber-bullying legislation
Related deaths such as that of Chanelle Rae and Allem
Halkic may justify dedicated legislative responses to
cyber-bullying in Australia
Though this case provides precedents for future
cyberbullying cases in Australia, understanding the
laws applicable to cyber bullying is not very clear
Response
The 2008 Youth Poll found that cyber bullying is affecting more
than one in five young Australians.
The Australian Communications and Media authority (ACMA)
has noted that the growth of cyber bullying is related to the
changing digital environment. It operates a Cybersmart online
helpline
The Alannah and Madeline Foundation is a national charity
aimed at protecting children from violence and the acts of
bullying. It offers a bullying advise centre.
Brodie's Law in Victoria
Law Reform
Some argue that there is not much need for law reform as Cyber bullying
can be prosecuted under other laws e.g. serious threats can constitute as
assault or persistent online harassment may constitute as stalking
Cyber bullying often occurs as people are not aware of the laws and
severity penalties that result from it
Law reform in this area presents a number of challenges due to the rapidly
changing international digital environment, and ease of online criminality
Specific legislation can provide a definition of cyber-bullying, and lay out
punishment and penalty for those involved in such activities, this will
provide victims, parents and the police a better understanding of the
appropriate actions and measures available to them
Law Reform
Law council of Australia is in support of efforts to better ensure
online safety of children
Emphasised need for common understanding of conduct that
constitutes as cyberbullying
There must be careful regard to certain guiding principles, such as
human rights obligations as well as rule of law principles. These
interests must be balanced to ensure individual rights are not limited
Law council, proposals of removal of online content which would be
harmful to children
Strong support for increased education and awareness of the possible
consequences of cyber bullying, including criminal prosecution