Cyberbullying is a crime and should not be tolerated

By Paul Russell, LegalMatters Staff • If you or your child is a victim of cyberbullying, you should seek legal assistance immediately, says Toronto personal injury lawyer Joshua Goldberg.

“The internet allows everyone to easily communicate with people around the world, but it also empowers online bullies,” says Goldberg, principal of Joshua Goldberg Law.

“If your child is a victim of cyberbullying, they may suffer long-term consequences such as depression, anxiety and feelings of hopelessness. That can lead to self-harm, or even suicide,” he says. “Parents need to step in and work with a personal injury lawyer to stop this harassment. There are legal remedies that can be effective.”

Goldberg tells LegalMattersCanada.ca that cyberbullying involves using computers or smartphones to embarrass, hurt, mock or threaten someone online. It can include posting an embarrassing photo of someone, breaking into their social media account and pretending to be them, or using information found online to harass an individual at home, school or work, he explains.

Gossip can be cyberbullying

“It can also take the form of gossip, exclusion, threats or tricking someone into revealing secrets or sharing intimate photos,” says Goldberg, pointing to two high-profile Canadian cases.

In 2012, 15-year-old Amanda Todd committed suicide after being tormented by an online harasser. The following year, 17-year-old Rehtaeh Parsons attempted suicide by hanging after schoolmates threatened to post photos of her being sexually assaulted by them at a party 17 months earlier. Her suicide attempt left her on life support. Her parents took her off life support when there was no chance of recovery.

“Cyberbullying is a real crime that can have devastating consequences,” says Goldberg.

Suspect extradited to Canada

He notes that the Dutch resident who cyberbullied Todd was extradited to Canada and convicted of extortion, harassment, communication with a young person to commit a sexual offence and possession and distribution of child pornography.

“Sharing intimate or sexual images of a person without their consent is a crime,” says Goldberg. “This law is in place to protect privacy, and that applies to everyone, not just people under 18.”

He notes that it can take the form of “revenge porn,” which can occur with people of any age after a  relationship breakup, with one party posting intimate or compromising photos of the other.

Sharing an intimate image is a crime

An “intimate image” is any photo or video that depicts a person engaged in explicit sexual activity or that shows a sexual organ, anal region or breast, Goldberg says, adding the image must have been taken at a time when the person depicted had a reasonable expectation of privacy.

“This form of cyberbullying can negatively impact a person’s self-esteem, reputation and mental health,” he says, noting that the court can order the images be removed from the internet.

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Those convicted of distributing an intimate image without consent face a range of consequences including:

• imprisonment for up to five years;
• the seizure of their computer, phone or other device used to share the image; and
• paying the victim for the costs involved in removing the intimate image from the internet or elsewhere.

Schools have a duty to step in

In Ontario, the Accepting Schools Act requires school boards to establish bullying prevention and intervention plans and offer support for students affected by bullying.

“Every teacher must report bullying to the school principal, who can then choose from a range of options,” says Goldberg. 

Those options are outlined in Ontario’s progressive discipline policy and include:

• an apology for a hurtful or disrespectful comment;
• a meeting with parent(s) or guardian(s);
• anger management counselling; or
• suspension or expulsion from school.

If you or a loved one is a victim of cyberbullying, Goldberg recommends saving the evidence. That may include text messages or a screenshot of any communication with the cyberbully.

Working with a personal injury lawyer, he says you can then go to police with your evidence. Depending on the situation, it may be wise to block the cyberbully and report their activities to their internet service provider or to any websites they used.

“ Don’t ignore cyberbullying. There are options,” says Goldberg. “A personal injury lawyer can help you seek justice.”

Cyberbullying is common

According to the Centre for Addiction and Mental Health, 22 per cent of Ontario students reported being bullied over the internet. That includes gay, lesbian and trans students who are three times as likely to be bullied.

According to the RCMP, parents should watch for the following signs to detect cyberbullying in children:

• changes to the amount of time they spend online
• being secretive about their online activities
• appearing sad, frustrated or angry more than usual
• having trouble sleeping or eating
• lower grades or skipping school, and
• detachment from family and friends

“As the RCMP notes, nearly 75 per cent of parents say cyberbullying stopped after they took action,” says Goldberg.

12 charges can be laid

The Department of Justice (DoJ) notes that there are 12 charges in the Criminal Code that can be used to prosecute a cyberbully if their conduct reaches the level of criminal conduct. They are:

• criminal harassment (s. 264);
• uttering threats (s. 264.1);
• intimidation (ss. 423(1);
• mischief in relation to data (ss. 430(1.1);
• unauthorized use of computer (s. 342.1);
• identity fraud (s. 403);
• extortion (s. 346);
• false messages, indecent or harassing telephone calls (s. 372);
• counselling suicide (s. 241);
• defamatory libel (s. 298-301);
• incitement of hatred (s. 319); and,
• child pornography offences (s. 163.1).

A cyberbully’s behaviour should never be tolerated, Goldberg says.  If you or your child is a target of online harassment, he recommends contacting his firm for legal advice.