Senate Committee To Hold Inquiry Into Adequacy Of Cyberbullying Legislation
Wednesday 27 September 2017 @ 11.18 a.m. | Crime | Legal Research
The Senate Legal and Constitutional Affairs References Committee is holding a public inquiry into the effectiveness of existing laws that deal with cyberbullying. The Senate referred the matter to the Committee on 7 September 2017, for inquiry and report by 29 November 2017. The Committee is currently accepting public submissions on its terms of reference, until the deadline on 13 October 2017.
Terms of reference
The terms of reference for the inquiry are:
“The adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying, including:
a. the broadcasting of assaults and other crimes via social media platforms;
b. the application of section 474.17 of the Commonwealth Criminal Code ‘Using a carriage service to menace, harass or cause offence’, and the adequacy of the penalty, particularly where the victim of cyberbullying has self-harmed or taken their own life;
c. the adequacy of the policies, procedures and practices of social media platforms in preventing and addressing cyberbullying;
d. other measures used to combat cyberbullying predominantly between school children and young people; and
e. any other related matter.”
Background
The motion for the inquiry was moved by Senator Kakoschke-Moore of NXT (the Nick Xenophon Team). In a media release issued on her website, she explained that the motion followed the death of a South Australian teenager earlier this month, which has been attributed by her parents to cyberbullying on online platforms Facebook, Instagram and Snapchat, as well as psychical abuse.
Senator Kakoschke-Moore said she wanted to ensure “our laws kept pace with technology”:
“This inquiry is an opportunity to explore whether the law adequately captures cyberbullying and whether the penalties imposed are appropriate, particularly where children are involved and where the victim has taken their own life…
The suicide of a 13-year-old is unfathomable and if there is anything we as lawmakers can do to help prevent such a tragedy, we should do it.
Of course stronger laws are not the only answer and the inquiry will also consider other measures used to combat cyberbullying.
As a community, we need to reject and condemn bullying in all its forms.”
According to the Sydney Morning Herald, “Facebook, Instagram, Snapchat and YouTube have all been invited to make submissions and to appear before the inquiry”, and the Attorney-General’s Department and the Department of Communications have also been asked to prepare submissions about current penalties and any scope for change.
South Australian Police Commissioner Grant Stevens has previously called for a review of South Australian cyberbullying legislation following the teenager’s death. He told ABC News that while bullying allegations could currently result in charges for offences such as threatening harm or assault, it was difficult for police to respond to “persistent, low-level bullying” where it was not clear if an offence had been committed. He told the ABC:
“I think [changing the law] is something that we should have a look at to see whether that covers off a gap that might exist in terms of us being able to prove a criminal offence.
[We could] examine whether or not we can be more responsive in those circumstances where we can't pinpoint an actual offence outside of bullying itself.”
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