Brodie`s law makes aggravated bullying a criminal offence by extending the application of the harassment provisions in the Crimes Act 1958 (external link) to conduct involving serious bullying. Cyberbullying – racial discrimination and sexual harassment Brodie`s death was a tragic reminder of the serious consequences bullying can have on victims, their families and the community, and showed that there are obvious restrictions in the law and that behaviour involving serious bullying should be punishable under criminal law. Brodie`s Law has made Victorians aware of the seriousness of bullying and the very damaging consequences it can have. The legislation sends a strong message that threatening and intimidating behaviour – in the workplace and elsewhere in the community – will not be tolerated. Cyberbullying is not just a natural consequence of belonging to a connected world. According to the Australian Cybercrime Online Reporting Network, serious online harassment and intimidation is a crime under the Penal Code Act 1995, punishable by up to three years in prison or a fine of more than $30,000. A case of cyberbullying can be considered a crime under this law if there are threats to hurt someone, to scare them, or if speech such as messages, emails, or messages make them emotionally angry or upset. If bullying occurs over the phone or online, let your service provider know. As part of the program, you must first request that bullying content be removed from the company hosting it, such as Facebook or Twitter.
Schools reserve the right to take appropriate disciplinary action against students who engage in bullying, such as suspensions or expulsions. It is strongly recommended that schools implement anti-bullying programs and action plans that are easily accessible to students and staff. This website deals with bullying and harassment in the workplace. Information on sexual harassment in the workplace is available here. In September 2006, 19-year-old Brodie Panlock took his own life after being constantly bullied and humiliated by colleagues at a Hawthorn café. Brodie`s Law applies to bullying that occurs anywhere in the community, such as in the workplace, schools, sports clubs and online, including email or social networks like Facebook and Twitter. Under the 1995 Penal Code, it is illegal for someone to send (or threaten to send) sexually explicit photos or videos of a minor. If a student uses this material to intimidate or blackmail another student into acting against their will, this may also constitute a criminal offence. Violence, harassment and intimidation are human rights issues that profoundly affect the lives of many people in Australia. Victims may experience significant social isolation and feel unsafe. Bullying can lead to emotional and physical damage, loss of self-esteem, feelings of shame and anxiety, as well as difficulty concentrating and learning. Tragically, violence, harassment and bullying can lead to suicide in extreme cases.
If your client is being bullied and/or wants to talk to someone about their situation, you can advise them to contact helplines such as Lifeline, Beyond Blue or Kids Helpline. In 2015, the Australian government established the Office of the e-Safety Commissioner to deal with complaints about online misconduct. Since its inception, the Commission has received hundreds of complaints about serious acts of cyberbullying. In 2016-2017, there were 305 cyberbullying complaints, a 63% increase from the previous year. To learn more about what constitutes cyberbullying and other common questions about cyberbullying, read 10 things teens want to know about cyberbullying. If someone has threatened to harm you, or has actually hurt you, it is a criminal offence that can be reported to the police. If the police deem it appropriate, the bully could be charged with a crime, or the bully could be warned not to continue intimidating. If a bully has damaged or stolen your belongings, this can be reported to the police. In more serious cases, she can report cyberbullying to the police.
For more information, visit the Cyberbullying Complaints section of the Cyber Security Commissioner`s website. According to the Human Rights Commission`s website, cyberbullying is defined as „the use of the Internet, cell phone or camera to hurt or embarrass someone.” Online bullying and abuse can take many forms, including hurtful text messages, threatening victims of imminent danger via instant messaging, spreading lies, spreading private information or personal data, using status updates to post hurtful messages, or sharing intimate images. The Australian Human Rights Commission and ReachOut.com have developed fact sheets for young people on how to deal with bullying, information on youth rights, and links and figures on how to help. The fact sheets are as follows: The criminal offence of harassment, and therefore behaviour amounting to aggravated intimidation, carries a maximum penalty of 10 years in prison. Yes. Serious online harassment and intimidation is a crime under the 1995 Penal Code and is punishable by up to three years in prison or a fine. It can be criminal to intimidate someone on social media, email, chat rooms or via text message. It is illegal for anyone to use the Internet or the phone provider to threaten to distribute promotional material about suicide or threaten or harass anyone. A bully cannot post someone`s private information or launch hate campaigns online. A person being bullied on these platforms should carefully store and print all electronic evidence and note the date and time of storage. A student may be charged with illegally operating a computer system if, for example, they access another student`s email or social media accounts and impersonate someone online. Keep all evidence of bullying, such as texts, voicemails, or screenshots of web pages, carefully stored and secure.
The correct contact information of the person bullying you is also helpful if you decide to file a police report. Your school should work with you to come up with a plan to stop bullying. Your school should still be able to help you, even if the bullying happens after school or online. If you have spoken to the Director and are not satisfied with his response, you can file a complaint. Victims of online abuse can now report incidents to the Online Safety Commissioner for action. But what is bullying and what happens after a complaint? Although it is illegal to use the internet to harass, stalk, intimidate or threaten someone in Australia, prosecutions are unfortunately relatively rare. That`s why anti-bullying advocates say schools, workplaces and sports programs known to be bullying have a responsibility to combat and prevent cyberbullying, provide school counselors, combat repetitive behaviour, and ultimately keep users safe. Bullying can also take place in cyberspace: via the Internet and on mobile phones.
New technologies allow the rapid dissemination of information, ideas and images to a large number of people. Protecting people from violence, harassment and bullying in cyberspace presents many challenges. Civil defamation allows victims of cyberbullying or defamation to seek redress for damage to their reputation. A person who has suffered trauma, scandal or humiliation as a result of posts, multimedia or comments may be entitled to legal action. New powers have been given to the e-Security Commissioner, Julie Inman Grant, under the Online Safety Act passed in 2021. Under the new laws, social media companies and other websites are required to remove content deemed bullying within 24 hours, or face fines of up to 500 units (up to $111,000 for individuals and up to $555,000 for businesses).