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Cyberbullying

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The two most important things you need to know:

1. Cyberbullying is a crime.
2. If you're being cyberbullied, there are things you can do to protect yourself


What is bullying?

Bullying is behaviour that:
- is meant to be hurtful;
- targets a certain person or group of people;
- happens more than once; and
- embarrasses, threatens or intimidates the person being bullied.

What is cyberbullying?
Cyberbullying is bullying carried out online using any computer or device.
This could include using SMS, email or social networking sites to harass or abuse someone.

Is cyberbullying a crime?
Cyberbullying is a crime under NSW and  Australian Law when it involves:

- Using the internet or a phone in a threatening, harassing or offensive way
- Threats
- Stalking (including messaging someone to harm or scare them)
- Accessing internet accounts without permission
- Defamation (spreading lies to intentionally hurt someone’s reputation)
- Encouraging suicide

It also breaches your school's Anti-bullying Policy as well as the NSW Department of Education and Communities' Bullying: Preventing and Responding to Student Bullying in Schools Policy.


​

Menacing, harassing or offensive use of the internet or a mobile
It is a crime to use a phone or the internet in threaten, harass or seriously offend somebody. A message or post could be considered offensive if it is likely to cause serious anger, outrage, humiliation or disgust. 

The maximum penalty is 3 years in jail.

How can we prevent or limit cyberbullying?
- by not posting personal contact details online
- by not posting any material, photos or videos that may later embarrass us

How to Respond to Cyberbullying (NSW DoE 2019)

What to do if you are bullied online

Tell a friend, parent or trusted adult or teacher. 
You can also contact Kids Helpline on 1800 55 1800.

There is no instance of cyberbullying that is “too small” to just forget about and sweep under the carpet. Cyberbullying may start off seeming like not such a big deal, but the chances of one thing leading to another online, where messages, images and videos spread faster than a wildfire, are very big.

Keep calm and don't respond
Never respond to bullies. If you are having issues with your friends or someone else, whether it be at school or in other places, try not to react to them via email, text or social networking sites. It’s easy to say something hurtful when you’re feeling angry or upset, but if it’s written down or posted online, it’s permanent. Nothing online is ever private, even after you delete it!

Talk to an adult you trust
If someone writes something or posts a photo that upsets you, scares you or makes you feel uncomfortable, talk to a friend, your parents or another trusted adult such as a teacher or school counsellor. You don’t have to deal with hurt feelings or embarrassment on your own. The sooner you tell someone, the sooner something can be done about it and you can feel safe. 

Record Evidence
Take screenshots or print off any bullying messages or posts. Record the times and dates of any harassing phone calls.

Tell the person they are hurting you and ask them to delete it
If someone has posted something offensive about you, often the easiest thing to do is to ask them to delete it. You can tell them that their actions could be a crime. If they refuse to delete it, you can send a Lawmail. The Lawmail team can write a notice explaining the laws and letting them know that you will consider going to the police if they don’t take it down.

Report it to the website host
You can report cyberbullying and have content removed if it violates the website’s terms of use (the agreement between a user and the owner of the website). If you need help, send a Lawmail or check out the ACMA’s guide to social media.

Report it to your phone company or Internet Service Provider (ISP)
If you’re getting upsetting calls, texts or online messages or posts you can contact your phone company or ISP. Theymay be able to trace the caller/sender and send them a warning letter. If the bad behaviour doesn’t stop after repeated warning letters, the offender’s phone number could be suspended or cancelled or the ISP could help provide evidence of the bullying for the police. 

Block the Bully
Most websites let you block problem users from contacting you—see the ACMA’s guide to social media.There are also apps available for some phones that let you block calls and texts from certain people. Contact your phone company for more info.

Talk to your teacher, school counsellor or principal
Most schools have anti-bullying guidelines that cover cyberbullying. If the person who is bullying you is a student at your school, then your school may be able to help you work things out.

Report it to the Police
If you believe you are the victim of one of the crimes explained above, you can report it to the police. If your situation involves a nude or sexual image of a young person, it’s a good idea to get some free legal advice before going to the police. You can also contact Lawmail, Legal Aid NSW or visit your local Community Legal Centre. If someone is threatening or scaring you, please contact the police immediately. Call Crime Stoppers on 1800 333 000 and report it. (For Australia only)


Are you a cyberbully?
If you or someone you know is or has been a cyberbully, you have to stop and recognise that those actions are wrong and can have serious consequences for all involved. Not only are you hurting others but it will also hurt you in the end. The school, your parents and the law may be called upon to put a stop to your bullying. This will harm your reputation.

Need to talk?
Has something happened online that makes you feel uncomfortable, scared or sad?

Talking to friends, family or a teacher can help. It also helps to talk to an expert about what’s happening. If you want to talk about a problem you can speak to your Year Advisor, the School Counsellor or the School Chaplain. You can also visit Kids Helpline or call them on 1800 55 1800. This service is private and free.



For Parents: Helping your child stand up to Cyberbullying


Watch: How to Stop Cyberbullies
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What are the effects of Cyberbullying? 

Watch Emma's Story: Cyberbullied by a best friend
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References

Australian Human Rights Commission,. (2011). Cyberbullying: what is it and how to get help: Violence, Harassment and Bullying Fact sheet. Humanrights.gov.au. Retrieved from 
https://www.humanrights.gov.au/cyberbullying-what-it-and-how-get-help-violence-harassment-and-bullying-fact-sheet

Commonsense Media,. (2013). Emma's Story - Cyberbullied by a Best Friend. Retrieved from https://www.youtube.com/watch?v=qA1TJjJgdz8

Kidzworld,. (2011). Cyberbullying 101. Kidzworld. Retrieved  from 
http://www.kidzworld.com/article/25570-cyberbullying-101

Lawstuff Australia,. (2013). Lawstuff Australia. Lawstuff.org.au. Retrieved from http://www.lawstuff.org.au/nsw_law/topics/bullying/cyber-bullying

NSW Department of Education. (2011). Bullying: Preventing and Responding to Student Bullying in Schools Policy . Retrieved from https://education.nsw.gov.au/policy-library/policies/bullying-preventing-and-responding-to-student-bullying-in-schools-policy

NSW DoE. (2017). Anti-bullying. NSW Department of Education. Retrieved from https://antibullying.nsw.gov.au/
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Virtual Library last updated 1 October 2020
Website Author: Cathy Costello M. Ed.

Virtual Library by Cathy Costello is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
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