[PDF] Cyberbullying and Criminal Law

Should cyberbullying be a criminal
offence
Ancuta Hapurne
21396739 / H1809371

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Should cyberbullying be a criminal offence................................................................................1
Recommendation.........................................................................................................................3
CONCLUSION ...............................................................................................................................3
REFERENCES................................................................................................................................4

INTRODUCTION
Cyberbullying is a form of harassment that is done with the help of electronic items such
as mobile phones, computers, internet etc. It is also known as online bullying (Whittaker&
Kowalski, 2015). As I am in favour of the topic that cyberbullying is the criminal offence for all
the people. Its mostly common among the teenagers as they are more addicted to mobile phones
that will lead to bullying of another person. Victims who are suffering from cyberbullying are
having low self-esteem and negative responses towards others. Internet trolling is one type of
bullying that is being practised among the people for the purpose of harassment of others.
MAIN BODY
Should cyberbullying be a criminal offence
Cyberbullying is the process that occurs from the use of electronic things like internet,
email, mobile phones etc. As it arises when one person harasses another person through the way
of social networking such as using Twitter, Facebook etc. It can be repeated behaviour of an
individual for the sake of harming another people. As online platforms like using social media is
the main reason of increasing cyberbullying in the world. Victims of cyberbullying suffer from
the problem of low self-esteem, negative behaviour, angry, depressed etc. There are mainly two
types of bullying cyberbullying and traditional bullying. As traditional bullying is done from face
to face interaction with each other. While cyberbullying is done from the technology that occurs
by using social networking (Waasdorp & Bradshaw, 2015). Cyberbullying is divided into many
forms such as bombing, flaming, slandering, impersonation and defamation.
In my opinion cyberbullying is an illegal activity that is practised nowadays, and it has
led to serious consequences to people. As these consequences are depending on the specific
condition. Both individuals and organisations may be susceptible to cyberbullying. In many
cyberbullying cases individuals may get harassed or prosecuted. These cases were gone to the
criminal court, while in other cases people must pay fine for it or may get imprisonment for
many years. As larger laws are having their own rules for reducing cyberbullying. Criminal
forms of cyberbullying are threats from making violent, threat of death, extortion, taking photo
of other people who are standing at public places etc. If cyberbullying case is gone to the court
either the victim is got fired or expelled or may be arrested. It is like the traditional bullying at
some extent. Harassment is having a bad impact on the behaviour of people (Brewer & Kerslake,
2015). Online bullying is more dangerous as compared to other forms of bullying. Cyber stalking
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is also a form of bullying that take place through electronic means. It is considered as sending
continuous messages with the aim to threaten or harass other person (Cyberbullying, 2019).
There are different laws that is govern cyberbullying are as follows:
Protection from harassment act 1997: - This act helps in protecting people from harassment
such as stalking, racial harassment or from social media networking. This law helps in tackle the
case of different forms of cyberbullying that is being practised by the people. This act consists of
different sections that prohibit harassment of other people. As section 1(1A) is associated with
the serious organised crime and police, Act 2005 prohibit harassment of more than two persons
(Sasson & Mesch, 2017).
Malicious Communications Act 1988: - According to this law it prohibits the sending of letters
that cause anxiety and tension among the people through the way of electronic communication.
Electronic communication in this act includes either by means of oral or written system that
cause distress in people. This act prevents from the sending of printed letters or through
electronic means.
Communication act 2003: - This act states that it is prohibited of assessing internet without
paying for its services is a criminal offence. Under this act it is also illegal of using other person's
Wi-Fi connection without permission of that person. Advertising on the television or through
radio is also prohibited according to this law (Lee & Shin, 2017). Therefore, all these acts define
that cyberbullying is a criminal offence.
According to the (Olweus & Limber, 2018) cyberbullying is having bad impact on the
behaviour as well as attitude of the people. As it is becoming a big issue nowadays that will lead
to spoil the career of the teenagers. Because of the technological changes cyberbullying is
increasing day by day that will hurt people's intention. In online bullying it is easy to harass other
person as the face of person is not shown in it that will impact another person's emotion. Internet
is the medium that creates cyber bully in the environment and cover large number of students
from schools or colleges that are being harassed in doing illegal activities with these bullies.
Barlett, Gentile and Chew, 2016 stated that many people are affected from this
cyberbullying practise that is common in day to day life. Around 3 out of 10 teenagers are
affected from this bullying either they are the victim or bully. According to the survey it is found
that 13 percent females are involved in cyberbullying practice as compared to males that is 8.6
percent only.
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Recommendation
From the above study it can be recommended that proper precautions must be taken from
protecting teenagers from this cyberbullying practise. There should be proper anti bullying
policy implemented that helps in preventing from this type of bullying. It is also recommended
that use of mobile phones will be restricted from the schools so that it will help in reducing
bullying among the school students. It should be considered that there is no misuse of technology
and social media at the workplace that will help in stopping cyberbullying.
CONCLUSION
From the above study it can be concluded that cyberbullying is the main cause of tension
and anger among the teenagers. As it is a serious issue and is having a long-term effect on
victims. As there are technological changes occurred daily that will lead to increase in
cyberbullying and become danger for the people so for preventing it proper steps must be taken.
This study states that females are more involved in the cyberbullying practice as compared to
males. This type of bullying can be reduced by working together that will help in creating a safe
environment for all the people.
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REFERENCES
Books and Journal
Barlett, C.P., Gentile, D.A. and Chew, C., 2016. Predicting cyberbullying from
anonymity. Psychology of Popular Media Culture.5(2). p.171.
Brewer, G. and Kerslake, J., 2015. Cyberbullying, self-esteem, empathy and
loneliness. Computers in human behavior.48. pp.255-260.
Lee, C. and Shin, N., 2017. Prevalence of cyberbullying and predictors of cyberbullying
perpetration among Korean adolescents. Computers in Human Behavior.68. pp.352-358.
Olweus, D. and Limber, S.P., 2018. Some problems with cyberbullying research. Current
opinion in psychology.19. pp.139-143.
Sasson, H. and Mesch, G., 2017. The role of parental mediation and peer norms on the likelihood
of cyberbullying. The Journal of genetic psychology.178(1). pp.15-27.
Waasdorp, T.E. and Bradshaw, C.P., 2015. The overlap between cyberbullying and traditional
bullying. Journal of Adolescent Health.56(5). pp.483-488.
Whittaker, E. and Kowalski, R.M., 2015. Cyberbullying via social media. Journal of School
Violence.14(1). pp.11-29.
Online
Cyberbullying.2019. [Online]. Available from:
https://www.healthychildren.org/English/family-life/Media/Pages/Cyberbullying.aspx [Accessed
12th May 2019].
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