SmartLaw Cyberbullying

Lesson Objectives By the end of the session you will : Cyberbullying Lesson Objectives By the end of the session you will : understand the term cyberbullying; explain the impact that cyberbullying may have on those involved; explore what the law says in relation to cyberbullying. 2 © Young Citizens

Cyberbullying What is cyberbullying? ‘The use of electronic communication to bully a person, typically by sending messages that intimidate, threaten, harass or relate to stalking another individual.’ 3 © Young Citizens

What forms can cyberbullying take? “The world would be a better place without you.” What forms can cyberbullying take? “Everyone hates you … watch your back” 4 © Young Citizens

Cyberbullying According to a survey by the charity ‘Ditch the Label’ young people reported … 34% Nasty comment posted on a photo 39% Nasty comment posted on profile 68% Been sent a nasty private message 24% Had their private information shared 23% Bullied via an online game 18% Had someone impersonate them online 18% Had their profile wrongfully reported 41% Had rumours about them posted online 27% Had video/photos posted that they didn’t like 5 © Young Citizens

Why does cyberbullying take place? Can stay anonymous Low self esteem Why does cyberbullying take place? Everyone else is doing it Revenge Lack of empathy Power Easy to ignore the consequences Won’t get caught Social pressure 6 © Young Citizens

Victim becomes the bully Cyberbullying What impact can it have? Nowhere to hide Messages go viral Drug/alcohol abuse Nowhere seems safe Suicide Eating disorders Victim becomes the bully Depression Anxiety Truancy Self-harm 7 © Young Citizens

8 Cyberbullying 20% Skipped class According to a survey by the charity ‘Ditch the Label’ the following effects were reported by young people who had experienced bullying in the past 12 months … 41% Developed social anxiety 37% Developed depression 26% Had suicidal thoughts 26% Deleted their social media profile 25% Self-harmed 24% Stopped using social media 20% Skipped class 14% Developed an eating disorder 9% Abused drugs and/or alcohol 8 © Young Citizens

Cyberbullying 69% of young people admitted to having done something abusive online in the past 12 months … 35% Sent a screenshot of someone’s status or photo in order to make fun of them in a group chat. 25% Trolled somebody in an online game. 17% Liked or shared something online that made fun of another person. 12% Sent a nasty message, either privately of publicly to somebody they know. 5% Created a fake profile and used it to annoy or upset somebody. 9 © Young Citizens

Is cyberbullying illegal? Malicious Communications Act 1988 “It is an offence to send electronic communications which are indecent, grossly offensive, convey a threat, which are false.” The penalty for sending messages such as these is up to 2 years imprisonment and /or a fine. Communications Act 2003 “It is an offence to send a message via public electronic communications network that is grossly offensive, indecent, obscene or menacing.” The penalty is up to 6 months in jail and/or a fine Criminal Justice and Courts Act 2015 “It is an offence to disclose private sexual photographs or films without the consent of the individual who appears in them and with the intent to cause that individual distress.” The penalty is up to 2 years’ imprisonment and/or a fine. 10 © Young Citizens

Q: Does the school have a legal responsibility to get involved? Cyberbullying Q: Does the school have a legal responsibility to get involved? Q: Whose actions might result in investigation and/or punishment by the school? 11 © Young Citizens

Q: What might the school do about the Facebook group and images? Cyberbullying Q: What might the school do about the Facebook group and images? Q: Could the school contact the police? 12 © Young Citizens

Cyberbullying Everyone has the right to freedom of expression. This right shall include the freedom to hold opinions and to receive and impart information and ideas without interference by public authority Article 10 – The European Convention on Human Rights How do you think the legislation we have looked at might impact this right? 13 © Young Citizens

In 2015 more that 1,000 were convicted of this crime? Cyberbullying Under the Communications Act 2003 it is an offence to send a message via public electronic communication which is grossly offensive, indecent, obscene or menacing. In 2015 more that 1,000 were convicted of this crime? True 1,209 people were convicted under section 127 of the Communications Act in 2015. This compares to just 143 in 2004. 14 © Young Citizens

In 2015 more than 500 people were convicted of this crime. Cyberbullying Under the Malicious Communication Act 1988 it is an offence to send threatening, offensive or indecent electronic communications. In 2015 more than 500 people were convicted of this crime. True 694 people were convicted of the crime compared to just 64 in 2004. 15 © Young Citizens

25% of the people convicted were sentenced to time in prison. Cyberbullying 25% of the people convicted were sentenced to time in prison. False Out of the 1,903 people convicted only 155 (8%) were sentenced to time in prison. The average length of a prison sentence was 2.2 months. 16 © Young Citizens

Cyberbullying CPS Social Media Guidelines on prosecuting cases involving communications sent by social media. Before deciding to prosecute two things have to be considered: If there is enough evidence If it is in the public’s interest Prosecutors are asked to decide which of these categories the communication falls under: Contains a threat of violence towards another person or a threat to damage property. Specifically targets an individual/s and could constitute harassment, stalking, controlling or coercive behaviour. This also includes the disclosing of private sexual images without consent. 3) Is in breach of a court order e.g. breach of bail conditions or restraining order. Any communication which does not fall into the first 3 categories but which are grossly offensive, indecent, obscene or false. 17 © Young Citizens

Cyberbullying As a general rule communications which fall under the first 3 categories are likely to be prosecuted. Cases which fall within Category 4 are less likely to be taken forward, unless: There is an element of hate crime; The victim was a person serving the public; There was a coordinated attack (e.g. virtual mobbing where there is a campaign of abuse or harassment); The victim is targeted as a result of reporting a separate crime; The offence is repeated. 18 © Young Citizens

19 Cyberbullying A prosecution is less likely if: The suspect has expressed genuine remorse; Swift and effective action has been taken by the suspect to remove the communication; The communication was not intended for a wide audience (particularly where the intended audience did not include the victim); The communication did not obviously go beyond what could conceivably be tolerable or acceptable in an open and diverse society which upholds and respects freedom of expression. The age and maturity of a suspect should be given significant weight, particularly if under 18. 19 © Young Citizens

Cyberbullying Plenary: Q: Do you think the law successfully protects young people from being subjected to acts of cyberbullying. Q: If you could, what changes would you make to the law? 20 © Young Citizens