Introduction
Historical records demonstrate that bullying is not a new phenomenon and continues to be a contemporary problem affecting many individuals daily. The twenty-first century saw the rapid rise of technology, internet access, and usage on social media platforms, introducing a new era of communication and interaction within a digital space. Unfortunately, the misuse of technology has created a new form of bullying, referred to as cyberbullying. “Bullying” is traditionally regarded as a deliberate and repeated act of aggressive behaviour in a physical space, with a power imbalance between the victim and the bully. On the other hand, “Cyberbullying” adheres to the exact definition but generally with the use of the internet and other digital
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Civil laws may also apply to seek compensation against the perpetrator. The Commonwealth Criminal Code Act 1995 contains violations that prevent the misuse of telecommunications devices. Section 474.17 defines using telecommunications to menace, harass, or hoax another person as an offence and not by the type of online use or communication content. The act mentions how a crime is committed if it goes further to hurt or kill in section 474.15. The Online Safety Act 2021 is another Commonwealth act that establishes the eSafety’s Commissioner to provide a complaint system and work with social media companies to investigate, prevent, and remove cyberbullying content. Furthermore, every state legislature has its act in dealing with other offences such as assault, stalking, harassment, defamation, etc. Unfortunately, Australian laws have trouble keeping up with technological advancements, ultimately creating gaps in the legal system to resolve the …show more content…
The challenge on social media networks and chat rooms is associated with the issues of anonymity and identity. In the case of cyberbullying, it is common for the culprit to remain anonymous and untraceable to act with impunity. The culprit may try to hide their identity by using a fake email address or operating under a pseudonym to create a power and control imbalance with the target. The Megan Meier incident illustrates how anyone can work anonymously under a pseudonym, giving them the power to act viciously. The incident involved the mother of Megan’s friend, who created a fake Myspace account under 16-year-old ‘Joshua Evan’ to befriend her flirtatiously and then spread false rumours. Another example that allows the perpetrator to remain anonymous is using mobile phones. The bullies can turn off caller identity to make it impossible for victims to recognise the caller and the phone number used to call/text. Although there are many ways to conceal a perpetrator’s identity when using technological devices, telecommunication, and paid service providers can trace the IP address linked to the perpetrator, disclosing their details. Even though service providers and platforms can reveal personal information, it is implausible they will cooperate with investigations due to strict policies on the confidentiality and privacy of users or if the user is in