Cyber-Bullying By 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 technology Although 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 technology Within 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 bullying Legislators 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 Brodie's Law- Introduced Tougher penalties for workplace and cyber bullies after the suicide of Brodie Panlock, who was subject to harsh bullying in her work place. An anti-bullying legislation that commenced in June 2011 and made serious bullying a crime

Law Reform Some 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 - A more formal punishment could potentially deter acts by creating a new sense of fear amongst bullies

Law Reform Law 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 - Though the definition provided of cyberbullying is clear and useful, there are issues associated with defining what is and what is not classified as cyber bullying