Cyber-BullyingBy 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 technologyAlthough 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

technologyWithin 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

bullyingLegislators 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 cyber-bullying 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 ReformSome 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 ReformLaw 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