A Guide to Cyberbullying Laws Around the World: UK, US, Australia

Say hello to the era of digital screens! Technology has made it so much easier for humans to communicate with each other, but what happens when this invention is used for the wrong reasons? Cyberbullying refers to the exchange of insulting or discomforting messages with the use of electronic communication to insult or threaten a person. These can happen with the use of computers, mobile phones, tablets, and even your beloved PS5 and on platforms such as social media, texts, emails, and interactive video games. Posting offensive comments or photos on social media, threatening or abusing someone, and creating fake profiles to embarrass others all qualify as examples of cyberbullying. In this blog, we’ll look into the different cyberbullying laws in Australia, the UK, and the US and their penalties. But first, let’s understand whether cyberbullying is a crime.

Is cyberbullying a crime?

Whether or not cyberbullying can be considered a crime depends on which region you are in. Cyberbullying is, in fact, considered a crime in several countries. US cyberbullying laws are present in all 50 states but Wisconsin and Alaska. However, these two states still have laws against bullying. Online bullying laws pronounce it a crime if assault, discrimination/harassment, sextortion, child pornography, stalking, hate crimes, and such are involved in the act of cyberbullying. 

Cyberbullying Laws Around the World

Although there is a deep relationship between cyberbullying and suicide, there are several countries that don’t acknowledge cyberbullying as a crime. However, there are also plenty of countries that not only acknowledge cyberbullying crime but also have strong penalties laid down for such offenders. 

1. Cyberbullying Laws in the USA

Although America is among the top 3 countries with the most cyberbullying cases in the world, the US cyberbullying laws are surprisingly some of the least strict in the world. US cyberbullying laws aren’t the same throughout the country, and America doesn’t have a federal law directly addressing cyberbullying. However, 49 of the 50 states currently have online harassment laws that clearly include cyberbullying. In addition to US cyberbullying laws, several schools have set up policies and penalties for cyberbullying, such as expulsion, suspension, and more. These even extend to other forms of bullying as well as intimidation. 

2. Cyberbullying Laws in Canada

The cyberbullying laws in Canada are certainly the strictest. Not only do Canadian cyberbullying laws recognise cyberbullying as an illegal activity, there are severe penalties in place for those caught cyberbullying. These include getting your devices taken away, jail time and more. And that’s not all! Canadian cyberbullying laws empower the victims of cyberbullying to take legal actions, suing their cyberbullies to get justice. Although cyberbullying isn’t mentioned in the Criminal Code directly, it can apply to the situation in cases of overlaps with other crimes. As per the Education Act, anyone caught involved in cyberbullying is suspended from school. Bullies who repeatedly partake in cyberbullying might also get expelled or be sentenced to jail time. The most frequently occurring cyberbullying behaviour in Canada, as per Canadian students, is cat-calling, harassing someone during an online game, spreading rumours, race or religion-based discrimination, sexual discrimination, and sexual assault.

3. Cyberbullying Laws in the UK

Although there aren’t exactly any UK cyberbullying laws, the UK legal system does consider it illegal to use any electronic communication to cause alarm or distress. The UK’s Public Order Act 1986 also makes it a crime to threaten, insult, or abuse someone through words or behaviour, in a written or visual manner, that is likely to cause alarm, harassment, or distress. The Malicious Communications Act 1988 and the Communications Act 2003 cover grossly offensive or indecent messages that are sent with the aim of causing distress or anxiety or threatening someone. The UK’s Crown Prosecution Service, which is in charge of conducting criminal prosecutions in England and Wales, has guidelines for cases of cyberbullying. Based on these UK cyberbullying laws, the police can take action against those involved in such activities. Cyberbullying on social media is also quite prevalent on social media, which is why the UK government is currently debating the Online Harms Bill, which will increase social media companies’ accountability in the presence of harmful content on their platforms. If passed, this will become a UK cyberbullying law in 2024.

4. Cyberbullying Laws in Australia

Australian cyberbullying laws are seen in both federal as well as state laws. Not only is cyberbullying a crime in Australia but there are extreme penalties for those engaged in it, such as 5 to 10 years of imprisonment. Although there isn’t any specific legislation in Australia that directly addresses cyberbullying, the police can use existing laws to arrest and charge offenders. Australia’s Online Safety Act 2021 aims to protect adult citizens from severe online abuse through the creation of a platform for complaints, protect children by creating mechanisms to capture such content and carry out rules that remove abusive or harmful content.

5. Cyberbullying Laws in India

Although there aren’t any Indian cyberbullying laws yet, other provisions in the current legislation can be used to address various types of cyberbullying. The Information Technology Act’s Section 66A lists the penalties for cyberbullying-like offences, such as sending offensive, insulting or annoying communication through digital means. India’s Penal Code makes up for the lack of Indian cyberbullying laws by providing penalties for unlawful offences. India’s student population accounts for a majority of the victims of cyberbullying in India, which can, unfortunately, severely affect children. If children are facing cyberbullying, the same should immediately be reported to the authorities.

Legal Help for Cyberbullying Victims

Cyberbullying laws help protect victims from such instances. Although some countries don’t have cyber harassment laws, there are usually other laws that overlap with the case based on the intention and nature of the offence. These can be used to determine the penalties for cyberbullying crimes. But the first step to this entire process is to reach out for legal help. There are several ways of doing this:

1. Seek the assistance of a qualified attorney who can advise you on the most effective way of combatting the offensive actions. 

2. Victims can take action by suing the bully under cyberbullying laws or other applicable laws. They can also reach out to helplines and anti-bullying services.

3. Although responding might seem tempting, the best response to cyberbullying is for the victim to simply avoid replying to the bully, with the only exception of calmly asking them to stop. This helps them protect their personal safety. Another way of doing the same is by recording the bully’s actions as evidence that can then be presented to the online service provider.

4. Understanding the cyberbullying laws applicable in your region of residence is important to take the appropriate measures to prevent and take defensive actions in such cases. Several social media platforms also have policies that help victims take measures against such offences. 

Resources for finding legal help

There are plenty of resources that victims of cyberbullying can turn to apart from legal authorities. These might help those victims of cyberbullying in need of immediate assistance. These include helplines and websites:

Helplines

1. ChildLine

One of the UK’s helplines for children and young people experiencing cyberbullying is ChildLine, which is free and confidential. They offer 24-hour support and advice. The number of the same is 0800 1111. They even have a video on their website about how to build up your confidence after facing bullying.

2. Direct Gov

This government website contains information on cyberbullying by various means and what to do about it. It also contains information for bullies who want to stop.

3. EACH

This free helpline is meant for children who experience bullying or harassment which is homophobic, biphobic or transphobic in nature. Their number, 0808 1000 143, is open from Monday to Friday, from 10:00 AM to 5:00 PM.

4. Victim Support

This helpline is meant to offer assistance to youngsters who are victims of crimes. Their CYP service also deals with bullying and aims to offer advice while working with professionals to get the best support. You can reach them for free on 08 08 16 89 111.

Websites

There are plenty of websites that also have loads of information and support for anyone who is a victim of bullying. Let’s take a look at some of these websites that you need to bookmark:

1. ThinkYouKnow

2. Childline

3. Kidscape

Cyberbullying is a serious issue that affects many students. It can cause emotional damage, depression, anxiety, and even lead to fatal consequences. However, there are ways to prevent and stop cyberbullying. It is important to know how to spot a cyberbully and report any incidents to adults or relevant authority figures. Students should also be aware of the motives behind cyberbullying and understand that it is never acceptable. By working together, we can create a safe and supportive environment for everyone. Remember, kindness and respect go a long way in preventing cyberbullying.