Cyber bullying is bullying carried out online or through mobile phones.
This could and does include using SMS, email or social networking sites to harass or abuse someone.
Is cyber bullying against the law?
Cyber bullying can be a crime under either NSW or national law when it involves:
Using the internet or a phone in a threatening, harassing or offensive way
Threats or intimidation
Stalking (including messaging someone to harm or scare them)
Accessing internet accounts without permission
Defamation (spreading lies to intentionally hurt someones 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 and intimidation
It is a crime to intentionally frighten someone by threats or intimidation . 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 NSW to make (or encourage others to make) threats of physical harm to a person or their property because of their race, transgender identity, sexual orientation or their HIV/AIDS status. The maximum penalty is 6 months in jail .
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.
Defamation
It is a crime in NSW 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 behavior bond.
When cyber bullying involves making comments or posting pictures (youtube and facebook you know who i mean) which damage someones reputation, cyber bullies can be sued by the victim for defamation or other claims.
Real life example:
In 2008, a court in Victoria ordered a guy to pay his ex-girlfriend $40,000 to compensate for the suffering he caused when he threatened to release sex tapes of her. She had sued him for invading her privacy, breaching her trust and intentionally causing her emotional distress.