legal studies assessment task 2

Question 1

define cyberbullying :

Answer 1

Cyberbullying can be defined as the use of information and communication technologies such as the internet and mobile phones to inflict wilful and repeated harmful behaviour such as humiliation and threats on a targeted group or individual

Question 2

quantitive findings by 2014 report commissioned by Australian government department of communications conducted by UNSW social policy research centre

Answer 2

• over a 12 month 463, 000 / 20% young Australians aged 8-17 were victims of cyber bullying
• 365,000 were 10-15 years old ( peak developmental age)

Question 3

definition of harassment

Answer 3

systematic , continued , unwanted and an annoying actions of an individual or group including ; making threats or demands on a target

Question 4

definition of stalking

Answer 4

unwanted or obsessive attention by an individual or group towards another person including behaviours such as ; following , harassing or monitoring a targeted victim

Question 5

commonwealth legislation

Answer 5

the federal criminal code - crimes legislation amendment ( telecommunications and other offences ) act . (no.2 , 2004) - the use of postal or carriage services to menace , harass , intimidate or cause offence

Question 6

NSW Legislation

Answer 6

assault , harassment and intimidation laws. crimes (domestic and personal violence) act . 2007

Question 7

enhancing safety act 2015

Answer 7

commonwealth legislation - gives the safety commissioner the power to investigate complaints of serious cyberbullying material targeted at Australians and remove harmful material from social networking sites. this occurs through the issuing of 48 hr takedown notices and fines.

Question 8

difficulties with jurisdiction

Answer 8

a country may not have the ability to control enforcement because it lites beyond their jurisdiction

Question 9

difficulties with anonymity / proof of identity

Answer 9

easy to hide identity of perpetrator. many lie about identity e.g age , name , contact details

Question 10

difficulties with changes

Answer 10

who ‘owns’ data when original data is changed

Question 11

the role of law reform - future directions

Answer 11

• regulation of social networking sites by office of safety commissioner
• ACMA regulation of television , radio and some online content
• further legislation under child pronography , sexual harassment and sex discrimination laws

Question 12

current avenues to combat cyber bullying

Answer 12

• apprehended violence orders
• offences to harass or intimidate a child while they’re at school (NSW)
• offences under the misuse of telecommunications
• child pornography laws

Question 13

examples of cyber bullying on individuals ; Charlotte Dawson

Answer 13

“it just triggered that feeling of helplessness when the trolls got to me” “they got the better of me and they won”

• Dawson took her own life feb 14’

Question 14

physical impact of cyber bullying ; dr gustin

Answer 14

increase in cortisol - damaging brain cells in the hippocampus - this effects the area of the brain responsible for learning

Question 15

example of effect of cyberbullying on families ; dollys dream

Answer 15

“no parent should have to go through this devastating experience”

Question 16

dollys law

Answer 16

this saw an amendment to crimes (domestic and personal violence act ) the definition of intimidation to include an example of cyberbullying and extend the definition of stalking under schedule 1 of the amendment

Question 17

legal responses ;

Answer 17

• dollys law ( amendment to crimes ( domestic and personal violence act.) 2004
• federal criminal code (telecommunications and other offences act )
• stalking , harrasmeent , assault and intimidation laws

Question 18

non legal responses ;

Answer 18

government ; 
- start the chat 
- office of the esafety commissioner
- keeping our children safe online and online safety charter
- online safety grants program
- esmart digital lisence 
NGO ; 
- dollys dream 
- bully zero australia