Cyberbullying is a growing threat in today's society. As more and more individuals join our rapidly expanding online world this threat becomes increasingly concerning.
This article will examine what legal protections are offered in Australia against cyberbullying as well as possible consequences.
What is Cyberbullying?
Cyberbullying is the use of technology to intimidate, harass, stalk, threaten, embarrass, or target another person. It is often done through devices such as text, email, phone calls, or social media.
Within our modern and online world, it can take a variety of forms which include: hurtful messages, threats of violence (both physical and emotional), spreading lies or rumours, disseminating private information or posting private images online.
Is Cyberbullying Illegal?
There is no specific offence for cyberbullying in Australia. However, there are a number of criminal offences which may apply depending on how severe the cyberbullying is.
If you believe you are a victim or have been charged with cyberbullying, you should contact an experienced criminal lawyer who can provide expert advice on the next steps forward.
Stalking and Intimidation
Cyberbullying may constitute a criminal offence for the purposes of stalking and intimidation under s13 Crimes (Domestic and Personal Violence) Act 2007 (NSW). This section provides that, "A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence." This offence carries with it a maximum sentence of 5 years imprisonment.
If you have been charged with an offence of stalk/intimidate, you should speak with an accredited specialist criminal lawyer in Sydney to determine whether there are any defences available to you.
The Crimes (Domestic and Personal Violence) Act 2007 (NSW) was amended in 2018 following the tragic case of Amy 'Dolly' Everett who, following sustained cyberbullying from her peers, unfortunately took her own life. This new legislation is known as 'Dolly's Law'.
Use Carriage Service to Menace, Harass or Offend
Under s474.17 of the Criminal Code 1995 (Cth) it is against the law to utilise the internet or other services to menace, harass or cause offence. An offence under this section may lead to a maximum fine $30,000.00 or up to 3 years imprisonment.
Inciting or Encouraging a Person to Commit Suicide
Cyberbullying may constitute a criminal act if it is used to persuade someone to commit suicide. Section 31C Crimes Act 1900 (NSW) states that it is a criminal offence for a person to incite or counsel another person to commit suicide if that other person commits, or attempts to commit suicide as a consequence of that incitement or counsel.
The maximum penalty for this is imprisonment for 5 years. Inciting an individual to commit suicide is a serious offence and may result in criminal charges if the individual attempts suicide.
Revenge Porn Offences
Revenge porn is one of the most serious examples of a cyberbullying offence. Offences related to revenge porn can be found in the Crimes Act 1900 (NSW), in particular, s91P, s91Q and s91R of the Act.
The offence of recording an 'intimate image' of a person without their knowledge or consent is contained in Section 91P of the Crimes Act 1900 (NSW).
Section 91Q of the Crimes Act 1900 (NSW) outlines a similar offence for individuals who intentionally distribute 'intimate images' of another person without their consent, or being reckless to the fact that the other person did not consent.
Anyone who threatens to record or distribute an 'intimate image' without consent will be guilty of an offence under Section 91R of the Crimes Act 1900 (NSW).
Revenge porn offences within NSW carry a maximum penalty of $11,000.00 and/or 3 years imprisonment.
Defamation
Criminal defamation is an offence under Section 529 Crimes Act NSW (1900) with the publishing of knowingly false information about an individual with the intent to cause harm.
Civil defamation is a route often pursued by victims of cyberbullying who wish to seek compensation for damage to their reputation. Legal action may be successful for individuals who have suffered trauma, harassment or humiliation as a result of cyberbullying. For this civil action to be successful it must be proven that the cyberbullying has caused serious harm to the individual's reputation under s10A Defamation Act 2005.
Examples of Cyberbullying
Examples of Cyberbullying include:
- Name calling,
- Spreading false rumours,
- Repeated unwanted messages or threats,
- Sending explicit or violent images or messages,
- Threats to harm someone,
- Images or videos are posted to embarrass or humiliate another,
- A person's online account is utilised to send fake posts.
What can you do about Cyberbullying?
Serious cases of cyberbullying may be considered a crime under one of the aforementioned cyberbullying laws. The first step in a legal approach is to make an official complaint to the eSafety Commissioner. If the cyberbullying persists, you may contact the police.
It is recommended to keep a detailed record of every incident (dates, times, screenshots etc.) if you wish to involve law enforcement or a legal professional.
Effects of Cyberbullying
Cyberbullying leads to a number of serious mental and physical side effects which can impact an individual's quality of life, these include:
- Mental: feeling upset, hopeless, embarrassed and angry.
- Emotional: feeling ashamed, leads to low self-esteem and withdrawing from those around you.
- Physical: feeling tired, losing sleep and physical manifestations of stress such as headaches.
Cyberbullying Statistics
Cyberbullying statistics show that since the genesis of the Office of the eSafety Commissioner in 2015, there have been hundreds of complaints about serious cyberbullying. 2016-17 recorded 305 complaints of cyberbullying.
Cyberbullying in Australia primarily occurs on Snapchat. 44% of Australian young people report having experienced a negative online experience in the last 6 months, which includes 15% who received threats or abuse online. Worldwide more than one in three children say that they have deleted an account to avoid bullying.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.