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Year 10: Term 2: Cyberbullying

Task Q3 - Analyse the use of the federal cyberlaws by conducting a literature review of expert opinions for and against the law itself and the recommendation by the Senate Committee to increase the penalty. (200 - 250 words)

Criminal Code Act (1995)

Parliamentary Cyberbullying Report: Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying

Parliamentary Cyberbullying Report - Chapter 3 - Crimimal offences for cyberbullying
Includes submissions from many sources. VERY USEFUL!

Summary of submissions received by the Parliamentary Committee

Australian Government response to the Senate Legal and Constitutional Affairs Reference Committee report: Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying

Recommendation 5
The committee recommends that the Australian Government consider increasing the maximum penalty for using a carriage service to menace, harass, or cause offence under section 474.17 of the Criminal Code Act 1995 from three years' imprisonment to five years' imprisonment.
Supported


For the Upgrading From 3 Years
NSW Government: Online trolls and cyberbullies in NSW face up to five years in jail under law change
NSW has already updated the sentence for cyberbullying to 5 years, instead of 3.

Against the Upgrading From 3 Years

Useful Databases

Task Q2 - Explain the purpose of federal cybercrime legislation to combat online bullying (200- 250 words)

THE LAW ABOUT CYBERBULLYING

Section 474.17 of the Criminal Code Act 1995 (Cth) is Use Carriage Service to Menace Harass or Cause Offence 

474.17 Using a carriage service to menace, harass or cause offence

(1) A person is guilty of an offence if:
(a) the person uses a carriage service; and
(b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.

Penalty: Imprisonment for 3 years.

(2) Without limiting subsection (1), that subsection applies to menacing, harassing or causing offence to:
(a) an employee of an NRS provider; or
(b) an emergency call person; or
(c) an employee of an emergency service organisation; or
(d) an APS employee in the Attorney-General’s Department acting as a National Security Hotline call taker.

PURPOSE OF THE LAW
Lexology: Cyberbullying laws in Australia

Types of Cyberbullying

  1. Cyberstalking is when an individual sends messages repeatedly through the Internet or by using a mobile phone. These messages are threatening in nature, and instill fear that the stalking might move offline and become physical.
  2. Flaming involves correspondence using electronic communication methods such as chat rooms, email and instant messenger. Flaming refers to arguments that are supplemented with images to drive a point and harsh language.
  3. Exclusion occurs when an individual is singled out and excluded from a group. The group in turn then taunts the excluded person using the Internet or a mobile phone.
  4. Outing occurs when an individual shares private information using online communication methods or a mobile phone. That person is then "outed" when his private information is shared publicly either online or off.
  5. Masquerading is a sophisticated form of cyberbullying in which an individual creates a false identity and harasses another while pretending to be someone they are not. Masquerading also includes attempts to steal log-in information, then using the information in a harassing manner such as sharing it publicly.

Stakeholders

General public viewpoints (Newspolls, Surveys)

Government and Government bodies

Victim sources (Family or Victim support advocate groups)