Should there be laws against Cyber Bullying?

Feb 13, 2018 | Miscellaneous

By Marina Salib @ Sydney Criminal Defence Lawyers

Cyber bullying is a contemporary manifestation of traditional bullying which is carried out online or through the use mobile devices. This may include, using sms, email or social networking sites to harass or abuse someone with the intent to ‘offend, belittle or cause harm’.

Whilst there is no particular legislation in Australia concerning cyber-bullying, there are existing laws in place that police can use to arrest and charge perpetrators. Division 474 of part 10.6 of the Criminal Code encompasses numerous offences which outlaw the use of telecommunication services to engage in inappropriate conduct. For example, section 474.17 of the Criminal Code criminalises the use of telecommunication services in a way that would be regarded as being ‘menacing, harassing or offensive’.

However, a call to crackdown on cyberbullying has sparked an inquiry on whether the law encapsulated in the Criminal Code adequately addresses acts of cyber bullying.

A report conducted by the Australian Universities Anti-bullying Research Alliance (AUARA) suggests that the Criminal Code is adequate enough in dealing with serious cyber bullying offences. AUARA argues that enacting specific laws against cyber bullying would have potential serious consequences on the age demographic perpetrating these kinds of offences. Given the fact that 10% of children and young people report they bully others frequently, many children and young people could potentially be criminalised by any new legislation put in place.

For example, the new sexting laws, predominately designed for adult sex offenders, may subject children and young people who engage in sexting.

On the other hand, cyber bullying has been linked to increased risk of developing mental health conditions, increased use of drugs and alcohol, as well as leading to self-harm and suicide attempts. Hence, it has been suggested that harsher penalties need to be implemented regardless of the perpetrators age because of the serious impacts it does have on someone’s mental well-being.

Due to the nature of cyber bullying the age demographic does not only concern the perpetrators but also the victims. For example, 14-year-old Amy Dolly Everett committed suicide after being subject to relentless online abuse.

Hence, should the age demographic of the perpetrator be taken into consideration when the victim is most likely to be of a similar age? It is definitely something to think about?

Also something to think about, is a study conducted by Mental Health Commissions of Australia (MHCA) indicates that legislative measures related to cyber bullying do not address the underlying causes and concerns that bullying presents. MHCA recommends focusing more on preventive and educational tools to tackle cyber bullying rather than changing the law which endorses harsher penalties.

I pass the question on to you. Do you think laws should be implemented criminalising cyber-bullying?

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