The document provides an overview of cyberbullying, defining it as the use of digital platforms to harm individuals, and highlights that one in ten Australian teenagers experiences it. It discusses the legal implications of cyberbullying in schools and workplaces, indicating that existing laws are not specifically designed to address this issue. The document also offers guidance on preventing and dealing with cyberbullying while encouraging those affected to seek support and legal advice.

1. S T O P
CYBERBULLYING
Presented by Owen Hodge Lawyers

2. • 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?

3. • 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?

4. What is Cyberbullying?

5. "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

6. 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

7. 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.

8. 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.

9. • 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

10. “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

11. • 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?

12. 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?

13. 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.

14. • 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.

15. • 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

16. Cyberbullying in the Workplace

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 6. Talk, counsel, discuss and inform your children about when and why they should report
cyberbullying practices.
How to Deal With Cyberbullying?

25. 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.

26. 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.

27. 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/