Canada's Cyberbullying Laws: Protecting Citizens Online

Cyberbullying is a growing concern in Canada, with the Government of Canada reporting that 8% of Canadian online teens have been victims of cyberbullying on social networking sites. While the Criminal Code of Canada does not contain a specific provision for cyberbullying, there are laws in place that address this issue. Bill C-13, the Protecting Canadians from Online Crime Act, was introduced in 2015 to address cyberbullying and includes amendments to Canada's Criminal Code, making it an offence to share intimate or sexual images of a person without their consent. This law is in place to protect the privacy of individuals and carries serious legal consequences, including jail time. Other Criminal Code offences that may be associated with cyberbullying include criminal harassment, assault, theft, and publishing a libel known to be false.

Are there any laws against cyberbullying in Canada?

Cyberbullying laws in Canada

Cyberbullying is a growing concern in Canada, with the Government of Canada reporting that 8% of Canadian online teens have been victims of cyberbullying on social networking sites. The country has seen a rise in cyberbullying since the introduction of the internet for public use in the 1990s.

While the Criminal Code of Canada (CC) does not contain a specific provision for cyberbullying, there are several provisions that can be applied to criminal conduct arising from cyberbullying. These include criminal harassment, which carries a penalty of up to 10 years in prison, and publishing a libel known to be false. In addition, it is an offence under the CC to share intimate images of a person without their consent, which was added to the CC in 2015 in response to a rise in "revenge porn". This law is in place to protect the privacy of individuals and applies to everyone, not just those under 18.

In terms of civil actions, there are technical and extensive requirements for bringing a case, and time limits for starting claims. It is possible to sue the host of the website which facilitated the bullying. In the workplace, cyberbullying is typically referred to as discrimination, harassment, or sexual harassment, and provincial and federal human rights and employment laws apply.

The Government of Canada defines cyberbullying as:

> "The use of information and communications technologies to support deliberate, repeated and hostile behaviour by an individual or group that is intended to harm others."

Criminal Code offences

Cyberbullying is not specifically mentioned in Canada's Criminal Code. However, when cyberbullying behaviour becomes criminal, several provisions in the Criminal Code can address these actions. These provisions include:

• Criminal Harassment: If a cyberbully makes someone fear for their safety or the safety of others, they may be charged with criminal harassment, which carries a penalty of up to 10 years in prison.
• Defamatory Libel: Sections 298-301 of the Criminal Code address defamatory libel, which includes publishing a libel known to be false (section 300) and publishing a libel (section 301).
• False Messages, Indecent Telephone Calls, and Harassing Telephone Calls: Section 372 contains three offences relevant to the bullying context, but they refer to older forms of communication technology, such as telephone calls. However, there have been attempts to modernise this section to include cyber-communications.
• Assault and Theft: Bullying behaviour that involves physical attacks on persons or property may be covered by the assault (sections 265-273) and theft (sections 322-344) provisions.
• Sharing Intimate Images Without Consent: It is an offence under the Criminal Code to share intimate images of a person without their consent. This law, which came into force on March 10, 2015, is intended to protect an individual's privacy regarding their nudity or sexual activity. It applies to everyone, regardless of age.

Cyberbullying and harassment

The Government of Canada defines cyberbullying as "the use of information and communications technologies to support deliberate, repeated and hostile behaviour by an individual or group that is intended to harm others". This behaviour often involves the distribution of intimate or sexual images without the subject's consent, which can have devastating consequences for the victim's self-esteem, reputation, and mental health.

To combat this issue, the Canadian government introduced Bill C-13, the Protecting Canadians from Online Crime Act, which came into effect on March 10, 2015. This Act includes amendments to several key pieces of legislation, including Canada's Criminal Code. Under the Criminal Code, it is now an offence to share intimate or sexual images of someone without their consent, with no age restrictions. This law aims to protect individuals' privacy regarding their nudity and sexual activity. Those found guilty of this offence may face jail time and be ordered to compensate their victims financially.

In addition to this specific legislation, several other sections of the Criminal Code can be applied to cyberbullying and harassment cases. These include sections relating to assault (sections 265-273), theft (sections 322-344), criminal harassment (sections 264 and 264.1), uttering threats (sections 264 and 264.1), and libel (sections 300 and 301). The Supreme Court of Canada has also played a role in interpreting and upholding these laws, such as in the case of R. v. Lucas, where the Court upheld the offence of publishing a libel known to be false.

Furthermore, the RCMP's Centre for Youth Crime Prevention provides Canadians with age-appropriate crime prevention messages, information, tools, and programs to prevent youth crime and victimisation. This initiative aims to empower young people to make better choices and understand the legal consequences of their actions.

While legislation and policing of cyberbullying and online harassment crimes may be challenging due to the ever-evolving nature of technology, Canada has taken significant steps to address these issues and protect its citizens from the harmful effects of such behaviours.

Cyberbullying and revenge porn

Cyberbullying is defined by the Government of Canada as "the use of information and communications technologies to support deliberate, repeated and hostile behaviour by an individual or group that is intended to harm others". Cyberbullying can take many forms, including the non-consensual distribution of intimate images, which is often referred to as "revenge porn".

In Canada, the sharing of intimate or sexual images or videos of a person without their consent is a crime. This law, implemented in 2014, is in place to protect privacy and applies to everyone, not just minors. The Criminal Code of Canada defines an "intimate image" as one that depicts a person engaged in explicit sexual activity or whose sexual organs, anal region, or breasts are visible. The person depicted in the image must also have had a reasonable expectation of privacy at the time of recording and must not have relinquished their privacy interest at the time of the offence.

The consequences for cyberbullying can be severe and include having devices taken away, paying financial compensation to victims, and even facing jail time. In the context of revenge porn, the severity of punishments can vary depending on the specific laws and circumstances of the case, but they can include both criminal and civil penalties. Criminal charges for revenge porn can result in fines or imprisonment, with a maximum penalty of up to five years in prison under Section 162 of the Criminal Code. Additionally, victims can also sue the offender for damages in civil court, seeking compensation for emotional distress, damage to reputation, and other related harms.

There have been several notable cases of revenge porn in Canada that have resulted in significant financial penalties for the accused. In one case, a Saskatchewan judge awarded $160,000 to the victim, the largest sum ever awarded in a Canadian revenge porn case. In another case, a Toronto man was accused of criminal harassment by tweeting against two women, but the charges were dismissed as it was not proven beyond a reasonable doubt that the women feared for their safety.

Cyberbullying and civil action

Cyberbullying is a serious issue in Canada, and it can have legal consequences. While there is specific legislation in place to address this issue, such as Bill C-13, cyberbullying can also lead to civil action.

Civil lawsuits regarding cyberbullying often involve parents of bullied children taking legal action against the parents of the bully or the school. The standard of proof in civil cases is lower than in criminal cases, which means that even if the evidence does not support a criminal charge, liability may still be established in a civil case. This lower standard of proof can make it easier for parents to seek legal recourse and hold those responsible for cyberbullying accountable.

In civil cases related to cyberbullying, parents may be able to recover damages for the financial costs caused by the cyberbullying. These costs could include bills for psychiatric counselling and therapy that their child may need to restore their mental health. Cyberbullying can have severe and long-lasting impacts on a child's mental health, and the costs of addressing these impacts should not have to be borne by the victims or their families.

Additionally, schools may also be held liable in civil cases if they negligently failed to intervene when they knew about the cyberbullying. This can be a complex issue, as schools may have different policies and procedures in place for addressing cyberbullying, and there may be limitations on lawsuits against government entities, such as school districts. However, if it can be established that the school was aware of the cyberbullying and did not take appropriate action, they could be found negligent and be held liable for any resulting harm.

It is important to note that the specific laws and procedures regarding cyberbullying and civil action can vary between jurisdictions, and it is always advisable to seek legal advice from a qualified professional in your area.

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