A Comprehensive Review of Bullying Legislation
A Comprehensive Review of Bullying
Legislation and Case Law Relevant to
Bullying:
Executive Summary &
Recommendations
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A Comprehensive Review of Bullying Legislation
1.0 Executive Summary
Evidence suggests that bullying behaviours are prevalent among children and
adolescents and that these behaviours have a negative impact on the victim, including
an increased risk for depression, anxiety, social withdrawal, and suicide attempts. A
review of the current legislation addressing bullying behaviours in Canada, United
States, United Kingdom, Sweden, Finland, and Australia has been reviewed.
1.1 Canada
Only two provinces have developed statutes regarding bullying in Canada: Manitoba and
Ontario. In Manitoba, the Public Schools Act Part III requires school principles to develop
a Code of Conduct in collaboration with a school advisory committee as well as an
emergency response plan. In addition, it is mandated that the code of conduct include a
statement illustrating that bullying, or abusing any person physically, sexually, or
psychologically is unacceptable. In Ontario, Part XIII of the Ontario Education Act
outlines a mandatory suspension of an individual that commits any of six outlined
infractions, including: uttering a threat to inflict serious bodily harm on another person.
1.2 United States
Approximately 20 States, including two territories, currently have school bullying laws,
although there is a high degree of diversity between States. Additionally, eight of these
States have also enacted cyber bullying legislation. The United States has not
recognized workplace bullying within its legal system.
1.3. United Kingdom
The United Kingdom does not currently have laws pertaining specifically to bullying
(either workplace or school bullying). However, other acts may be interpreted and
applied to cases involving bullying such as the Protection from Harassment Act.
1.4 Sweden
Several laws exist in Sweden concerning students’ right to safe learning conditions,
including the Conventions of Human Rights, the Swedish Occupational and Safety Act,
and Swedish School Law.
1.5 Finland
There are four laws pertinent to bullying in Finland. First, individuals that engage in
bullying behaviours can be fined regardless of age. Second, these individuals can also
be presented with a restraining order by the courts. Third, in 1999 new school legislation,
highlighting school safety was developed. Fourth, schools can be held accountable for
negligence involving bullying and school violence.
1.6 Australia
There are a total of 33 Acts pertaining to bullying in Australia and approximately six of
these Acts pertain to the safety and protection of children. A review of these Acts
suggests that children in Australia are protected against bullying through the legal
system.
1.7 Additional Legislation
Several other jurisdictions have legislation that pertains to workplace bullying rather than
bullying in school. However, it has been suggested that workplace bullying legislation
can be utilized when addressing bullying within schools.
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A Comprehensive Review of Bullying Legislation
2.0 Recommendations
2.1 Common Definitions
Although there is significant legislative involvement in the reduction of bullying, there is
diversity between jurisdictions and countries on what is considered to be bullying
behaviours. A common definition of bullying that is aligned with research outcomes, may
support a reduction in bullying behaviour as well as an improvement in outcomes for
bullying victims.
2.2 Increased Collaboration
Efforts to reduce the bullying and improve outcomes for victims of bullying behaviours
require consistent collaboration between sectors. An Intersectoral and interdisciplinary
approach is recommended.
2.3 Knowledge Translation
There appears to be a varied understanding of the consequences of bullying among
policy and decision makers. A deeper understanding of the long-term consequences of
bullying may support collaboration between sectors and jurisdictions.
2.4 Evaluation of Current Legislation
An understanding of the impact that various legislative acts have had on reducing
bullying behaviours may be valuable. In addition, additional research into the application
of occupational and workplace legislation to school bullying is necessary.
2.5 Consequences of Bullying
Additional clarity on the roles of parents and children in legislation is necessary. For
example, in Finland, children may be fined for engaging in bullying behaviour and
parents may be held accountable for this fine. However, as children age, the children or
youth may also be held accountable for these fines. Therefore, additional understanding
of the transition to adulthood is needed.
2.6 Responsibilities of Schools and Parents
There is significant diversity for the roles of parents and schools between the outlined
legislation. In some cases, schools can be charged with negligence in cases of bullying
and school violence. Similarly, parents may be held accountable for paying fines
incurred by their children. The roles of these authority figures in reducing bullying needs
additional clarification.
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A Comprehensive Review of Bullying Legislation
3.0 Future Directions
A review of legislation has identified significant gaps in legislation, as well as
inconsistencies in existing policies within Canada and internationally. A sample of
possible questions to address these gaps and inconsistencies is included below.
3.1 Questions for policy makers
 Is there a common definition of bullying that can be applied in all legislation?
 Are Workplace Health & Safety or Harassment policies applicable to school
bullying situations? Does one policy adequately cover both school and
workplace bullying?
 Is there any precedent in applying workplace policy to school bullying?
 In places without legislation, why has it not been implemented? Is it not
necessary? Not important? Has it ever been discussed?
 What are the “best practices” in terms of bullying prevention?
3.2 Questions for researchers
 What are the long-term affects of bullying on victims and aggressors?
 What impact are policies having on the number of occurrences of bullying?
 What difference do bylaws and policies make in regards to the severity of
bullying?
 Are monetary fines a successful deterrent to bullying?
 Which consequences are most successful at preventing incidents of bullying?
 What strategies besides implementing laws and consequences can be effective
in the prevention of bullying?
 What strategies are most effective at communicating the results of research
regarding bullying to policy makers and service providers?
3.3 Questions for service providers
 What reasonable consequences for bullying are or can be implemented, and are
they or can they be consistently applied?
 Are the consequences effective in reducing incidents of bullying?
 How often are policies being applied, and to what students?
 Who should be held accountable for fines?
 What are possible collaborations for the development and implementation of
policies? Is collaboration with community partners effective?
 What improvements could be made to training that is available to staff and
parents on bullying prevention?
 Should it be the responsibility of the student to initiate a complaint regarding
bullying? (from Norway’s policy that student or parent must make formal
complaint)
 Is prevention or reaction more successful on the part of the school?
 How are policies and consequences regarding bullying evaluated and modified?
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