Are you legally protected against cyberbullying in NSW?
Cyberbullying refers to the use of electronic communications to bully a person in an intimidating or threatening manner. With expanding technologies and the increased use of social media platforms, cyberbullying is common as we are more exposed and vulnerable online than ever.
Identifying conduct as Cyberbullying:
It is important to be able to identify whether or not you are a victim of cyberbullying. To establish cyberbullying as an offence, it must satisfy the following criteria:
Wilful: the behaviour must be deliberate; not accidental.
Repetitive: there must be a pattern of mistreated behaviour; one isolated incident is not sufficient.
Inflict fear or harm on the victim.
The use of an electronic device.
Legislation to protect you from Cyberbullying:
To increase protection for all users on electronic devices and reduce the percentage of harassment and bullying that is occurring online in New Sale Wales, the state government has introduced new amendments to Section 13 of the Crimes (Domestic and Personal Violence) Act 2007.
This section states that a person is guilty if they stalk or intimidate another person with the intention of causing the other person to fear physical or mental harm. Irrespective of whether the victim actually feared physical or mental harm, the perpetrator intended to cause harm, if they know, the conduct is likely to cause fear in the other person.
‘Stalking’ includes:
Contacting or approaching a person using the internet or any other technological assisted means.
‘Intimidation’ includes:
Conduct amounting to harassment or molestation of the person, and
An approach made to the person by any means (including telephone, text messages, e-mailing or other technologically assisted means) that causes the other person to fear for their safety.
A person who attempts to engage in or has committed the offence under section 13 is punishable.
Section 7 of the Crimes (Domestic and Personal Violence ) Act 2007 provides an example of cyberbullying as bullying of a person by publication or transmission of offensive material over social media or via email. Do note that cyberbullying takes many different forms. This new amendment directly accommodates acts of cyberbullying, aiming to create a safer online environment.
This article intends to raise awareness as to the meaning of cyberbullying, how conduct online can amount to cyberbullying and the appropriate legislation to protect yourself or somebody else you know.
If you are a victim of cyberbullying, contact the team at Wainwright Legal and let us help assist you in the matter.