Cyber-bullying is a devastating experience and can be more damaging than schoolyard bullying. This is largely because it has no physical barriers as such and a victim can be reached almost anywhere, including at home. Although laws against cyber-bullying are in early stages in many countries, there are ways to find legal help.
Cyber-Bullying in a Legal Context
Cyber-bullying takes many forms and varies from mild to severe. While no cyber-bullying is acceptable, occasional bullying emails and text messages will not qualify a person to seek court action. However, if the messages are threatening, malicious and distressing, it is worth reporting the matter to the police.
What Charges can be Laid against Cyber-Bullies
Cyber-bullying often falls into one or more of the following categories and if extreme, should be reported to the police:
- Defamation is defined as spreading false information about a person. The spreading of this information can cause damage to reputation, loss of friendships and harm to school, work or professional life. Defamation can be further broken down into libel and slander.
- Libel is defined as the publication of untruths in writing, print, signs, or pictures that damage reputation and lead to a loss of respect.
- Slander is the act of making false spoken statements that damage reputation. This is less common in cyber-bullying than libel or defamation but can include spoken abuse in video clips.
- Harassment is defined as the systematic, persistent, unwanted and annoying actions of a person or a group. These often include threats and demands.
Accusations of libel or slander need to be accompanied by evidence that proves the following:
- Defamatory messages were conveyed
- The messages were published, meaning they were visible online and other people had access to them
- The accused must be identifiable as the sender and originator of these messages
- The victim must have suffered some harm to his or her reputation as a result of the communication
Evidence of Cyber-Bullying
It is important to gather evidence of the cyber-bullying as this will be needed if taking the matter further. This can be done in a number of ways:
- Print out emails including details such as date sent and who they were from
- Capture online chat and Facebook updates as screen shots and save these into a special folder for evidence
- Save text messages on cell phones or photograph them if the phone has limited storage space
Cyber-bullying is a relatively new problem but in many cases can be successfully addressed under existing laws. It is essential to gather as much evidence as possible to build a successful case against the bully.
Reference:
Cyber-Bullying and the Law Fact Sheet Media-awareness.ca. Accessed January 23 2012
Debbie Roome - Debbie Roome is an award-winning freelance writer, journalist and novelist with over 25 years experience.
