Cyberbullying and the Law

cyberbullying

What a wonderful world we live in, in these each time they checked modern times with information and social interaction at our fingertips. This though can came at a dark cost. their email, was dreadful. It got to the point where they eventually cancelled all their social media profiles, Something we have all experienced to some degree is cyberbullying. Why is it so rampant? Well, there no angel either and if I see something posted that is fake news, I’ll generally call it out. The spread of fake changed phone numbers and email addresses and still received threatening letters at their home. are those who sadly have news helps no one; also if I In November 2018, NSW become bullies in real life, witness someone engaging introduced ‘Dolly’s Law’. then there are people who in dangerous or unethical Perpetrators of online would not act or react in a practices, I call them out too bullying could face up to bullying fashion in person yet, if I feel it will at least help to five years’ prison time under because they can operate stop someone else being this law, which came into from the relative safety of damaged by said practice. effect after a 14yo Northern anonymity or distance using the internet, they tend to become more inclined to bully others. In this day and age, everyone has an opinion and everyone equally seems also to be easily offended. Internet arguments are common, leading at times to some form of bullying. However, my topic for this issue is cyberbullying that is relentless, personal, threatening, vindictive and where there is no safe place from the attacks. Yes, we can block a person from our social media,yet that can only do so much and I have witnessed someone Territory teen took her own life in January of the same year after persistent bullying and abuse, including cyberbullying. Information on this act can be found here: https://www.justice.nsw.gov. au/Pages/media-news/mediareleases/2018/dolly-law.aspx I have been called out on social media for posting something that apparently offended someone, or that they disagreed with to then be met with a barrage of bullying. I am being attacked by groups of people, via social media, emails and texts, at all times of the day and night. There was no escape, no relief. The stress and anxiety this poor person suffered every time their phone went off, Cyberbullying has no boundaries. The young are twice as likely to commit suicide due to persistent cyberbullying, while businesses can experience loss of income. Supernal Magazine Cyberbu l lying Cyberbu l lying

Legislation of cyberbullying, penalty for such an offence this section to use phones, personal liability and victim is three years imprisonment. text messages, emails or recourse has proven difficult online posts to intentionally in a county that values free 2. Stalking threaten to cause someone speech. The information It is a criminal offence under serious harm. Such an below may help make things section 13 of the Crimes offence is punishable by a clearer. (Domestic and Personal maximum penalty of seven Violence) Act 2007 (NSW) to years imprisonment. Relevant Law: (NSW and stalk or intimidate a person Commonwealth) that prohibits cyberbullying. with the intention of causing them to fear physical or 4. Inciting or counselling a person to commit suicide Although cyberbullying does not constitute a distinct offence under Australian legislation, in general, the use of mobile phones, email or social networking sites to harass or abuse a certain person or group of people can constitute a criminal offence when characterised as: mental harm. Prohibited conduct for this offence includes the use of phones, text messaging, email or other forms of technology such as social media, to stalk or intimidate someone. This offence attracts a maximum penalty of five years imprisonment. Similar provisions appear in other states. A person is guilty of an offence under section 31C of the Crimes Act 1900 (NSW) if they incite or counsel another person to commit suicide and that other person does commit or attempts to commit suicide as a result of that incitement or counsel. Such an offence carries a maximum penalty of five 1. Using the internet or a device to threaten, harass or offend another person 3. Intimidating or threatening conduct years imprisonment. Similar provisions appear in other states. Perpetrators who Section 474.17 of the Criminal Code Act 1995 (Commonwealth) criminalises the use of a phone or the internet to threaten, harass or seriously offend somebody. A message or post could be considered offensive if it is likely to cause serious anger, outrage, humiliation or disgust. The maximum Section 474.15 of the Criminal Code Act 1995 (Commonwealth) criminalises the use of phones, text messages, emails or online posts to intentionally threaten to kill someone. Such an offence is punishable by a maximum penalty of 10 years imprisonment. It is also a criminal offence under engage in cyberbullying may also face liability from internet or mobile phone service providers, websites, schools or non-penal courts. 5. Defamation Criminal: Section 529 of the Crimes Act 1900 (NSW) states that it is a criminal offence to publish false information Cyberbu l lying Cyberbu l lying Supernal Magazine

Cyberbu l lying Cyberbu l lying about a person knowing that of particular comments or online accounts without the information is false and photos that were published obtaining their permission having the intention to cause about them on social media to do so. Such an offence that person serious harm. platforms may have a right attracts a maximum penalty Such an offence attracts a to sue the perpetrator(s) for of 2 years imprisonment. maximum penalty of three defamation. Such an action Under Federal legislation, an years imprisonment. Similar could extend to all those identical provision appears provisions appear in other involved in the publication of under section 478.1 of the states. the defamatory material. Criminal Code Act 1995 Civil: 6. Accessing online accounts (Cth). While criminal defamation without authorisation Hopefully, this may help is an available cause of In NSW, it is a crime under some and remember, if you action concerning various section 308H of the Crimes feel overwhelmed or stressed forms of cyberbullying, civil Act 1900 (NSW) to access because of cyberbullying to defamation is available as an or modify restricted data seek help to look after your alternate avenue for victims held in a computer with mental health. seeking compensation for damage caused to their knowledge that such access or modification is ESPecially best wishes reputation. A person who has experienced humiliation, unauthorised. A common example is when a person The Mentalist ridicule or contempt as a result logs into another person’s

Your Health Your Wellness