Regulating cyberbullying: a South Australian perspective

Abstract

Evidence based research informs us that cyberbullying is associated with a range of negative consequences. Moreover, findings from recent studies demonstrate that victims of cyberbullying experience even more severe mental health implications than victims of traditional bullying. Cyberbullying can affect adults and children alike and is manifest in various forms encompassing a broad range of behaviours. At present, there is no specific law outlawing the phenomenon of cyberbullying in Australia. Cyberbullying per se is not legally defined by law, nor prosecuted as such. Given the limited literature on the regulation of cyberbullying, this paper provides a South Australian perspective on the criminal laws capable of regulating instances of this potentially devastating form of online conduct. An analysis of how each of the identified existing criminal provisions may regulate the specific manifestations of cyberbullying demonstrates that the most serious forms are governed comprehensively, albeit in a piecemeal manner. Crucial to South Australia's arsenal of laws capable of regulating cyberbullying was the introduction of recent South Australian filming offences legislation. This legislation has closed a previously existing gap in the criminal law framework in relation to the regulation of 'happy slapping'.