What you need to know:
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Did you know that social networking sites like Facebook, Twitter and YouTube all ban cyber bullying? Or that cyber bullying can be illegal? If you have been bullied online, have seen bullying online or are worried that you may have bullied someone else online and you don’t know what to do next, you can get free, confidential legal advice from Lawmail.
What is bullying?
Bullying is behaviour that:
- is meant to be hurtful;
- targets a certain person or group of people;
- happens more than once; and
- embarrasses, threatens or intimidates the person being bullied.
What is cyber bullying?
Cyber bullying is bullying carried out online or through mobile phones.
This could include using SMS, email or social networking sites to harass or abuse someone.
Is cyber bullying a crime?
Cyber bullying can be a crime under either South Australian or national law when it involves:
- Using the internet or a phone in a threatening, harassing or offensive way
- Threats
- Stalking (including messaging someone to harm or scare them)
- Accessing internet accounts without permission
- Defamation (spreading lies to intentionally hurt someone’s reputation)
- Encouraging suicide
Menacing, harassing or offensive use of the internet or a mobile
It is a crime to use a phone or the internet in threaten, harass or seriously offend somebody. A message or post could be considered offensive if it is likely to cause serious anger, outrage, humiliation or disgust. The maximum penalty is 3 years in jail.
Real life examples
In 2010, a 20 year old guy in QLD sent threats and hate-filled texts and Facebook messages to his ex-girlfriend and her new boyfriend. He was found guilty of using phone and internet services in a menacing, harassing or offensive way and placed on probation with an order to attend counselling.
In 2011, a teenager in NSW made a Facebook page called “All ___ Police Are Corrupt”, which included the names of several local police officers. He was charged with harassing and offensive use of the internet.
Threats
It is a crime to intentionally frighten someone by threatening to hurt them. This can be through your phone, text message, emails or online posts. Threatening to kill someone carries a maximum penalty of 10 years in jail.
It is also a crime in South Australia to make (or encourage others to make) threats of physical harm to a person because of their race.
Real life examples
In 2006, a teenager in NSW threatened to kill two of his teachers and a girl at his school on his MySpace page. He was charged with making threats.
In 2009, a guy in WA posted a video on YouTube that showed him making threatening comments towards people of a particular ethnic and religious background. He was charged under racial hate laws.
Stalking
Stalking is when someone gets repeated attention that intimidates or frightens them. Stalking can include making unwanted phone calls, emails, text messages and messages on Facebook/Twitter etc. Stalking is a crime in South Australia if you call, message or otherwise bother somebody twice or more with the intent to harm, harass or scare them. The maximum penalty is 3 years in jail (but can be higher if the person uses a weapon or breaks a court order).
Real life example
In 2009, a guy in VIC copied pictures from a girl’s profile and posted them on adult websites, along with her name and contact details. He was found guilty of stalking and sentenced to jail.
In 2011, a teenager in WA who had befriended an American girl on Facebook began sending her threatening messages and unwanted gifts. He was arrested for stalking.
Unauthorised access
It is a crime under state and national law to log into a person’s online accounts without permission. The maximum penalty is 2 years in jail.
Defamation
It is a crime in South Australia to publish untrue information about someone in order to cause them serious harm. The maximum penalty is 3 years in jail.
Real life example
In 2009, a teenager in SA made a harassing Facebook page about a local police officer. He was found guilty of defamation and placed on a two year good behaviour bond.
Encouraging suicide
It is a crime under both South Australian and national law to cyber bully someone in a way that intentionally encourages or causes them to kill themselves. The maximum penalty is life imprisonment.
What can happen…
Cyber bullies can also get in trouble with internet or mobile phone service providers, websites, schools and non-criminal courts.
Websites to take down comments/pictures
Most websites have ways of checking what’s being posted. Users can flag and report any nasty contents to the website administrator. Websites can remove things in your account which they find inappropriate.
Warnings or suspension from communication services or websites
Most websites and phone companies have Terms and Conditions which control what users are allowed to do. Cyber bullying can break these rules.
Websites may give warnings or remove inappropriate content themselves. They may even delete a user’s account if they discover cyber bullying.
Phone companies can suspend or cancel a person’s phone number and phone contract if they use it to repeatedly harass others through calling or texting.
In more serious cases, the website or phone company may report illegal behaviour to the police.
- See more at: http://www.lawstuff.org.au/sa_law/topics/bullying/cyber-bullying#sthash.7aA91Xi4.dpuf
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