S T O P

CYBERBULLYING

Presented by Owen Hodge Lawyers

• What is Cyberbullying?

• Fast Facts About Cyberbullying

• What are the Legal Implications of Cyberbullying?

- Cyberbullying at School

- Cyberbullying in the Workplace

• How to Deal With Cyberbullying?

• How Can We Help?

What we’ll cover?

• Cyberbullying is the process of using the internet, cell

phones or other devices to send or post text or images

intended to hurt or embarrass another person. (National

Crime Prevention Council)

• It can be limited to posting rumors or gossips about a

person in the internet bringing about hatred in other’s

minds; or it may go to the extent of personally

identifying victims and publishing materials severely

defaming and humiliating them. (National Crime

Prevention Council)

What is Cyberbullying?

What is Cyberbullying?

"ONE in 10 Australian teenagers experiences cyberbullying,

involving nasty messages or photos posted online or sent on

mobile phones, every few weeks."

According to Professor Donna Cross,

Head of the National Centre Against Bullying Conference

Cyberbullying includes all online bullying activities such as:

• Using someone’s personal information to create a fake profile

• Posting abusive comments about anybody or a group

• Posting racial or general discriminatory content online

• Making threats

• Gaining unauthorised access to anybody’s personal information stored

digitally and making harmful use of such information

• Making harassing calls, sending hurtful text messages or emails

Fast Facts About Cyberbullying

Fast Facts About Cyberbullying

• It is a proven fact that with the increased involvement of social media and

smartphones in our lives, cyberbullying is now almost omnipresent in our lives.

• Even though it might not leave the tell-tale signs like that of physical abuse, the

harm caused by cyberbullying can be deeply entrenched in the victims’ minds.

Fast Facts About Cyberbullying

• The methods of harassment involved in

cyberbullying may be varied but the

behaviour concerned can often be

intimidating.

• In the recent years, abusive comments

posted by people on social media

websites like ‘Facebook’ and ‘Twitter’

have driven people to suicide. The

Hartford County Examiner (2014) reports

that cyberbullying victims are likely to

consider suicide as 20 percent of kids

that are cyberbullied in Australia think

about suicide.

• Often people are part of this mob

mentality and do not know how it can

affect the person being targeted.

• Cyberbullying often targets the group of

population which is most vulnerable and

also of an impressionable age.

• Cyberbullying is found to be prevalent

among teenagers attending school or

college. It has been found that the

victims of cyberbullying often suffer from

low self-esteem, are depressed, stressed

out and also often turn suicidal.

• The best way to address cyberbullying is

to stop it before it starts. Building up a

relationship of trust with cyberbullying

victims and ongoing parental supervision

of online access are common methods to

prevent cyberbullying.

Fast Facts About Cyberbullying

“Cyberbullying can be serious… and its consequences can

be more far-reaching than bullying in the schoolyard. If you

are bullied online, the humiliation is worse because you know

lots of people can be watching online.”

According to Paul Fletcher,

Parliamentary Secretary to the Federal Minister for

Communications

• Australia does not have a specific

legislation which deals with

cyberbullying.

• The laws governing cyberbullying

behaviour are dealt within the

parameters of the pre-existing

criminal, civil and workplace

legislations.

• These laws are not specifically

designed to address cyberbullying

behaviour.

What are the Legal Implications?

The Criminal Code Act 1995 (Cth), is currently the best

possible legal avenue to prosecute cyberbullying.

Section 474.3 of Criminal Code Act 1995 (Cth) sets out

the statutory offence of using a “carriage service” – such as

the phone or internet – to engage in menacing, harassing

and offensive behaviours, including making threats of harm

or to incite suicide.

What are the Legal Implications?

Cyberbullying at School

• In New South Wales, The Crimes Act 1900 (NSW) was

amended by the Crimes Amendment (School

Protection) Act 2002 (NSW) to make specific criminal

provision in section 60E for assault, stalking, harassment

or intimidation of any school staff or student while attending

the school.

• This NSW provision will only be of limited application in the

cyberbullying arena, arising only where the conduct

actually occurs on the school premises or while entering or

leaving school premises for the purposes of school

activities.

• Schools may also find themselves open to an action for negligence for

breach of duty of care owed to a student who was subjected to

cyberbullying that resulted in, for example, psychological harm.

Cyberbullying at School

• Under the Crimes Amendment (School Protection) Act 2002, all schools

in NSW are required to have anti bullying plans in place to deal with

cyberbullying.

• The duty placed on employers by work health and safety legislation

to provide a healthy and safe working environment imposes the

responsibility on employers to ensure not only the physical health of

their workers, but also their mental health.

• This includes ensuring that employees are not exposed to workplace

bullying and harassment.

• Where an employer fails to comply with this obligation, redress may

be had via both the Fair Work Act 2009 (Cth) and the various

state/territory work health and safety statutes (resulting in, for

example, substantial fines).

Cyberbullying in the Workplace

Cyberbullying in the Workplace

What are the legal Implications?

• There is an increasing demand

for a specific legislation dealing

with cyberbullying, but on the

flip side, many have voiced out

that the offences caused due to

cyberbullying can be dealt

under the present legislative

framework.

• The key to deal with such

situations will be awareness

programmes, proper reporting

of the matters, practising online

safety and counselling of

victims.

Cyberbullying in Australia

Shane Gerada case (2009)

In 2009, Shane Philip Gerada sent threatening text messages to his friend,

Allem Halkic. Gerada later told the ABC that he wanted ''revenge'' after

finding out Halkic had told a mutual friend of disparaging comments

Gerada had made about her. Following a raft of taunting text messages

from Gerada, the then 17 year old Halkic took his own life.

This is the first cyberbullying case in Australia which resulted in a

landmark prosecution of a cyberbullying offence in Australia. Having

admitted to sending threatening messages, Shane Philip Gerada was

sentenced to an 18 month community based order and was directed to

perform 200 hours of unpaid community work.

How to Deal With Cyberbullying?

1. Do not share your personal and sensitive information such as passwords, phone numbers,

addresses online with any stranger.

• One of the most common modes of

cyberbullying remains the use of

personal photographs by morphing

them or using it to embarrass or

blackmail you much later.

• One of the pitfalls of modern

technology is that what goes online,

stays online, even if you have

deleted it.

• Thus, as a precautionary measure

you should be extremely careful

about what you are sharing online

and with whom you are sharing that

information.

How to Deal With Cyberbullying?

2. Know about the privacy settings and options on social networking sites

• Share information with your

family members about how

to block or delete offensive

content or people if they

feel that they are being

victims of cyberbullying.

3. Unlike other modes of bullying, cyberbullying can be recorded and used as an evidentiary proof

against the perpetrators.

How to deal With Cyberbullying?

• If possible remember to record

and save evidence if you feel

you are being harassed online.

4. Do not blame yourself if you are at the receiving end.

How to deal With Cyberbullying?

• Remember not to react when you

are angry because your emotional

outburst may be used against you

as an evidentiary proof.

5. Know about the laws and how to report cyberbullying – whom to approach and when to

approach.

How to deal With Cyberbullying?

• If you are feeling threatened or

intimidated by somebody online,

log out, delete or block that

person, contact the website

administrator and report the

offence, discuss and share your

feelings with your friends and

family as it is not your fault at all.

6. Talk, counsel, discuss and inform your children about when and why they should report

cyberbullying practices.

How to Deal With Cyberbullying?

Remember, the advent of social media, smartphones and networking is

meant to help us and just like any new form of communication.

Internet and technology is a goldmine of information and how we use it

depends on us.

How Can We Help?

• At Owen Hodge Lawyers we understand that experiences relating to

cyberbullying are extremely traumatic. The personal information

shared and the hateful content and rumours spread often leaves

people in utter despair and hopelessness.

• Our team of experienced professionals know the sensitivities involved

in the process. We deal with our clients with the outmost compassion

and sensitivity.

• We can help you identify when a particular situation constitutes

cyberbullying and to whom and when should you report the incident. It

is in your benefit that you should choose to speak out, report and seek

legal advice in relation to incidents of cyberbullying.

If you have any queries in relation to cyberbullying, please feel free

to contact our team at Owen Hodge Lawyers on

1800 770 780.

http://www.owenhodge.com.au/