Business Law Assignment - Cyber Bullying: Australian Legal Framework

This business law assignment explores the issue of cyber bullying in Australia, providing an introduction to the topic and defining cyber bullying and cyber stalking. It outlines the recent trends of cyber bullying in Australia, emphasizing the high prevalence among youth and the increasing reliance on digital technology. The assignment then delves into the penalties associated with cyber bullying, including threats, harassment, defamation, stalking, unauthorized access, and enabling suicide, referencing relevant criminal laws and cases. It highlights the application of the Commonwealth Criminal Code Act 1995 and the Crimes Act 1900 (NSW), while acknowledging the absence of specific cyber bullying offenses. The assignment also discusses the legal responsibility of offenders based on their age and the actions that constitute cyber bullying under Australian law. The assignment also provides landmark cases such as Rindos v Hardwick 1994 WASC and Thomas v Campbell (2003) 9 VR 136.

Running head: BUSINESS LAW ASSIGNMENT
Business Law Assignment
Name of the Student
Name of the University
Author Note

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Introduction:
Cyber bullying or stalking happens when somebody takes part in hostile, threatening or annoying
conduct using modern technology. It can happen to individuals at any age, whenever, and
frequently namelessly. There are various examples of such conduct which are as follows:
 sending oppressive messages and messages;
 barring or scaring others on the web;
 over and again sending undesirable messages on the web;
 Posting frightful messages, pictures or recordings on the web (Campbell 2017).
Various types of computerized correspondence which is unfair, scary, expected to cause hurt
or makes somebody fear for their wellbeing. Much the same as harassing in the disconnected
world, not all internet tormenting is criminal. There are Australian laws which apply to genuine
online provocation and web based tormenting conduct. Under the Criminal Code Act 1995, it is
an offense to utilize the web, web-based social networking or a phone to threat, disturb or cause
offense. The greatest punishment for this offense is three years detainment or a fine of more than
$30,000 (Barlett and Coyne 2014).
Cyber bullying has increased expanding consideration in the media as of late. There are
likewise stalking offenses in each state and domain. While there is an inclination to portray cyber
bullying as an old conduct (harassing) utilizing another medium (innovation), current look into
demonstrates that cyber bullying has a few factors that may build the deceptive idea of this
conduct. This lead may happen on the web (for instance, by email or on long range informal
communication destinations) or by means of instant message. Stalking includes a persevering

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course of direct by a man against a casualty, which plans to make them feel dreadful, awkward,
insulted or bugged (Kowalski 2014).
Recent trend in cyber bullying in Australia:
Australia has a past filled with internet harassing in the two schools and business
situations. In 2013, Australia positioned as the best nation on the planet for cyber bullying via
web-based networking media with one out of each four children encountering harassing via web-
based networking media locales. That same year, it was assessed that right around 80% of
Australia's children less than 10 years old utilized social media (Cross et al 2015).
Many guardians screen their youngsters' utilization of the web, yet you essentially can't
be all over the place, especially if your kid is going on the web through a portable, "Children are
by and large better informed than grown-ups, and more equipped for controlling innovation and
stages than their folks by means of security settings and concealing program history. It's essential
to note that while the most mainstream social stages do expect clients to be no less than 13-years
of age, look into demonstrates close of half of young people who utilize organizing locales
confess to lying about their age. Children are savvy and in the event that they don't need you to
comprehend what they're doing, by and large, they'll discover a way (Papatraianou, vine and
West 014)."
Reports from the Australia Communications and Media Authority (ACMA) demonstrated
that from 2009 to 2013, the level of kids in Australia matured 8-9 years of age who considered
online networking a 'basic piece of their lives' multiplied. Despite the fact that guardians
perceived the significance of digital wellbeing with their youngsters, there appeared to be a
crevice when it came to educating their more youthful children online security propensities. By

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teaching their children on the most proficient method to utilize the Internet securely at an early
age, guardians could enable them to abstain from tormenting issues as they develop into
youngsters (Bonanno and Hymel 2013).
Measurements demonstrate that more than 35% of Australian kids 8-11 years of age
possess a cell phone. When it came to high school goers matured 16-17 years of age, this figure
rose to 94%. Records demonstrate the quantity of Australian kids getting to the Internet by
means of advanced cell is consistently expanding; sadly, excessively few are accepting the online
security preparing they require from dependable grown-ups to shield them from cyber attacks.
As an exceptionally created nation, Australia appreciates every one of the advantages that
advanced innovation brings to the table. On a worldwide scale, Australian natives are among the
absolute most associated individuals on the planet, with numerous net users owning at least three
computerized gadgets. Improved availability makes it considerably simpler for cyber bullying to
pervade a general public. Late reports show that in Australia, one out of each 8 individuals have
encountered Internet harassing.
Cyber bullying is incurring significant damage on Australian youth and grown-ups. The
more dependent individuals are to online use and web-based social networking, the more
noteworthy their odds of being a harassing target. In the same way as other different societies
around the globe, Australians have demonstrated an expanded reliance on computerized
innovation for correspondences, business exchanges and socialization. 'Techno-stress'
(powerlessness to withdraw from the Internet), "FONK" (dread of not knowing) and "FOMO"
(dread of passing up a major opportunity) are only a couple of the wonders that have emerged
because of expanded network. Australian youngsters and high school goers, specifically, have

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encountered these wonders in connection to online networking, making them simple prey for
tormenting on informal community locales (Cross et al 2015).
By definition, cyber bullying shares similar attributes of customary tormenting just it
happens through computerized implies, i.e. sites, online networking, talk rooms, messages and
messaging on cell phones. Cyber bullies have been known to carry on savagely and without
notice in propelling their assaults. Not at all like conventional tormenting, cyber bullying can
encroach upon a man's security anyplace there is an association on the web; this implies
casualties can feel its negative impacts in the protection of their home, at work, at school or
pretty much anyplace they have an online association. Australian youth who associate as often as
possible to online networking increment their danger of being casualties of predators, groomers
and pedophiles (Hinduja and Patchin 2014).
In spite of the fact that there are no laws against cyber bullying in Australia,
fundamentally, states can utilize current enactment to indict genuine digital offenses. Along these
lines, Australians can quit cyber bullying from making further progress into their general public.
In Victoria, cyber bullies can be indicted for stalking and extreme online badgering under new
arrangements that fortify the Victorian Crimes Act 1958.
Australian police likewise urge observers to resist cyber bullying as it diminishes the
harassing conduct. Research demonstrates that cyber bullies frequently stop or limit their
conduct inside 10 minutes when witnesses mediate. Australian police are especially worried
about the damage cyber bullying can cause youthful kids who are guileless about utilizing social
destinations (Cassidy, Faucher and Jackson 2013).

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Penalties of Cyber Bullying in Australia:
One of the most concerning issues with cyber bullying incorporates being notable escape
it. The messages, writings, photographs or other material posted online that are planned to hurt or
bug an individual ends up plainly hard to evacuate as they are shared on the web and can be
gotten to by many individuals (Hemphill 2015).
The harasser might be somebody the individual knows or simply be somebody they don't
have a clue. Digital domineering jerks may likewise fall back on spreading bits of gossip,
blocking correspondence, taking passwords and personalities, and in addition setting up fake
profiles and posting wrong substance for a person's benefit (Papatraianou, Levin and West 2014).
There are various criminal laws that can apply to cyber bullies. Be that as it may, since
there are no particular cyber bullying offenses in Australia, the guilty party must be considered
equipped for being in charge of their own behavior. This implies youthful guilty parties less than
10 years old won't be responsible for their tormenting while others in the vicinity of 10 and 14
years old might be held liable where it can be demonstrated past sensible uncertainty that they
realized that they ought not to have done what they did (Bonanno and Hymel 2013).
Anybody over the age of 14 will be considered criminally dependable. The offense is
considered cyber bullying when it includes as follows:
Threats:
Trying to purposefully unnerve somebody by utilizing any cell phones, messages, or
online posts is viewed as a criminal offense. The punishment for debilitating to murder
somebody can be up to 10 years in prison. On However, that the danger depends on a person's

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race, transgender personality or sexual introduction, the domineering jerk might be punished for
up to a half year in prison (Hinduja and Patchin 2014).
Utilizing the Internet or a telephone in a hassling, undermining, or hostile way:
If these gadgets are utilized to spread messages or posts which can possibly be seen as
hostile and can cause outrage, shock, appall or mortification, the punishment can be up to 3 years
in prison (Hemphill et al 2015).
Defamation:
Publishing false data by means of the Internet to cause them genuine damage is an
offense deserving of 3 years in prison. The land mark case in relation to online defamation in
Australia is the case of Rindos v Hardwick 1994 WASC in this case the precedent related to
online defamation was created by the court which found that publishing information online can
also result in defamation.
Stalking:
Cyber bullying is considered stalking when the harasser over and over contacts a person
with the aim to threaten or startle them. This may include undesirable telephone calls, sending
continuous instant messages or messages and making the casualty fear for their wellbeing. This
offense holds a greatest punishment of 5 years in prison (Hemphill, Kotevski and Heerde 2015).
In the case if Thomas v Campbell (2003) 9 VR 136 it had been ruled by the court that four
elements are required to establish cyber stalking which are that there has to be a course of
conduct, the conduct has to involve a protracted act. The act must be performed by the accused

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with the intention of causing harm to the other person. There must be apprehension of fear in the
victim because if the course of action.
Unauthorized access:
Logging into someone else's online record without authorization and review or adjusting
their data is deserving of 2 years in prison.
Empowering suicide:
Cyber bullying with a goal to actuate self-mischief or suicide on the casualty can send a
guilty party to imprison for a long time (Katz et al 2014).
Laws governing Cyber Bullying in Australia:
While there are no particular digital tormenting offenses in Australia, there are various
criminal laws that might be utilized to charge digital harassing guilty parties. Be that as it may,
before a guilty party can be charged, they should be equipped for being esteemed by the law to
be in charge of their own behavior (Cassidy, Faucher and Jackson 2013). Those digital
domineering jerks that are under 10 years old won't be at risk for their activities, while those
matured in the vicinity of 10 and 14 might be obligated where it can be demonstrated past
sensible uncertainty that they comprehended that they ought not to have submitted the offense.
Likewise any guilty party more than 14 years will be criminally subject (Baek and Bullock201
4).
The Commonwealth Criminal Code Act 1995 makes it a criminal offense to abuse media
transmission administrations. Since digital tormenting involves the manhandle of web and
telephone benefits, these laws may give a type of change against digital domineering jerks.

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The Crimes Act 1900 (NSW) s 60E makes it an offense to 'attack, stalk, annoy or
threaten any school understudy or individual from staff of a school, while the understudy or
individual from staff is going to a school' (Kokkinos, Antoniadou and Markos 2014).
While no doubt harassing particular enactment would be the best road to seek after a
tormenting related offense, the broadness of the enactment is constrained just to staff and
understudies while 'going to the school' – characterized in s 60D (2) as that which happens on the
school premises, or while entering or leaving the school premises regarding school work,
obligation or care (Baek and Bullock 2014).
Conclusion:
Cyber bullying influences a huge extent of youngsters in Australia. The pervasiveness
has risen extensively since it initially wound up noticeably saw as an issue, and it may in any
case be expanding as more youngsters approach the web (Lester et al 2016). Numerous nations
globally are presenting new laws or different measures to counteract cyber bullying, bolster
casualties and prevent cyber bullies. To date there is definitely not enough research to know
which of these arrangement methodologies will be fruitful. While numerous members, both
youngsters and grown-ups, showed that another law could be acquainted with disentangle and
clear up the present punishments identified with cyber bullying, many concerns and issues were
featured. Any new law will be counter-gainful in the event that it essentially serves to criminalize
helpless youngsters who act incautiously or negligently, and who don't have the limit to process
the outcomes and effect of their practices. Any variety to existing laws ought to be presented as a
major aspect of an organized approach which manages offenses in a way that is proper to the
formative phase of the cyber bully, while likewise touchy to the requirements of the casualty. It

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ought to be a piece of a process went for making safe online conditions for youngsters and
youngsters, counting having reference the to the Rights of the Child, Child Protection
approaches, and the National Safe Schools Framework (Holfeld 2014).

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Reference:
Baek, J. and Bullock, L.M., 2014. Cyberbullying: A cross-cultural perspective. Emotional and
behavioural difficulties, 19(2), pp.226-238.
Barlett, C. and Coyne, S.M., 2014. A meta‐analysis of sex differences in cyber‐bullying
behavior: The moderating role of age. Aggressive Behavior, 40(5), pp.474-488.
Bonanno, R.A. and Hymel, S., 2013. Cyber bullying and internalizing difficulties: Above and
beyond the impact of traditional forms of bullying. Journal of youth and adolescence, 42(5),
pp.685-697.
Campbell, M.A., Whiteford, C., Duncanson, K., Spears, B., Butler, D. and Slee, P.T., 2017.
Cyberbullying Bystanders: Gender, Grade, and Actions among Primary and Secondary School
Students in Australia. International Journal of Technoethics (IJT), 8(1), pp.44-55.
Cassidy, W., Faucher, C. and Jackson, M., 2013. Cyberbullying among youth: A comprehensive
review of current international research and its implications and application to policy and
practice. School Psychology International, 34(6), pp.575-612.
Cross, D., Barnes, A., Papageorgiou, A., Hadwen, K., Hearn, L. and Lester, L., 2015. A social–
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Violent Behavior, 23, pp.109-117.
Hemphill, S.A., Kotevski, A. and Heerde, J.A., 2015. Longitudinal associations between cyber-
bullying perpetration and victimization and problem behavior and mental health problems in
young Australians. International journal of public health, 60(2), pp.227-237.

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Hemphill, S.A., Tollit, M., Kotevski, A. and Heerde, J.A., 2015. Predictors of traditional and
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