Gavin Howe
Cyberbullying is a prevalent issue in Canada, with 89% of Canadian teachers reporting it as their top concern. While there is no standalone law against cyberbullying in Canada, it can be addressed through civil or criminal law, depending on the situation. Criminal law considers cyberbullying as a form of harassment, which is punishable by up to 10 years in prison. Defamation, which includes spreading false information to harm someone's reputation, is another criminal offence that can apply to cyberbullying. Civil law also recognises defamation, with remedies such as monetary damages. Additionally, specific laws address the non-consensual distribution of intimate images and stalking behaviour associated with cyberbullying.
| Characteristics | Values |
|---|---|
| Cyberbullying law | Currently in legislature; if passed, will redefine bullying to include cyberbullying |
| Existing criminal code responses | Criminal harassment (section 264 of the Criminal Code); defamation; non-consensual distribution of intimate images |
| Civil law | Defamation; slander; libel |
| Criminal law | Harassment; criminal harassment; defamatory libel |
| Bullying behaviour | Physical; verbal; social; repetitive |
| Cyberbullying behaviour | Sending/posting intimidating or disparaging messages, rumours, or threats; ostracizing victims; perpetuating hate speech or discrimination |
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What You'll Learn
Cyberbullying as criminal harassment
Cyberbullying is illegal in Canada and can result in serious legal consequences. While there is no specific law against cyberbullying, it can be addressed under civil or criminal law, depending on the situation. Under criminal law, there are two approaches to cyberbullying: harassment and defamatory libel.
Harassment occurs when a person's actions or statements make another person fear for their safety or the safety of others. Even if the perpetrator did not intend to cause fear, they can still be charged with harassment if the target feels threatened. Criminal harassment is punishable by up to 10 years in prison.
Defamatory libel is a crime under the Criminal Code and often involves making false statements that damage a person's reputation. It is typically treated as a crime if the statement is directed at a person in authority and could seriously harm their reputation.
In addition to these approaches, there are other Criminal Code offences that may apply to cyberbullying depending on the nature of the activity. For example, cyberbullying that involves assault or theft is covered by sections 265-273 and 322-344, respectively. Cyberbullying that includes uttering threats is covered by section 264.1.
Furthermore, sharing intimate or sexual images or videos of a person without their consent is a crime in Canada, regardless of the age of the individuals involved. This law protects privacy and aims to prevent the devastating impact that such actions can have on a person's self-esteem, reputation, and mental health.
While there have been challenges in interpreting and modernizing existing laws to include cyber-communications, recent attempts, such as Bill C-30 (The Protecting Children from Internet Predators Act), aim to ensure that offences related to telecommunications include acts committed via the Internet.
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Cyberbullying as defamation
Cyberbullying is a serious issue that can have major ramifications and serious consequences, regardless of the age of those involved. It can often be linked to defamation lawsuits, as it involves making false statements that can ruin a person's or business's reputation. In Canada, the law recognises that individuals and businesses have the right to protect their reputations from being damaged by false statements, which is considered defamation.
Defamation consists of any written, printed, or spoken words that lower a person's reputation or cause them to be shunned, avoided, or exposed to hatred, contempt, or ridicule. This is often the essence of cyberbullying behaviour, which is not currently covered by criminal law in Canada. However, there have been attempts to modernise the language of the law to include cyber-communications, and certain behaviours associated with cyberbullying may be covered by existing criminal offences in the Canadian Criminal Code.
For example, cyberbullying that involves threats or harassment causing a person to fear for their safety may be covered by sections 264 and 264.1 of the Criminal Code, which address criminal harassment and uttering threats. Additionally, the Criminal Code also protects against conduct that could injure a person's reputation or expose them to hatred or ridicule, through the publication of libel (section 301) or the publication of a libel known to be false (section 300).
The Supreme Court of Canada has upheld the offence of publishing a libel known to be false (section 300) as a reasonable limit on freedom of expression. However, section 301 has been struck down by several provincial courts of appeal as not being a reasonable limit. This highlights the delicate balance between protecting reputations and upholding freedom of expression in the context of cyberbullying and defamation.
Cyberbullying can have severe impacts on individuals, and it is important to recognise that it can lead to legal issues, including defamation. Those affected by cyberbullying should seek appropriate support and guidance, and document and report any cyberbullying behaviour to take legal action if necessary.
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Cyberbullying as a violation of freedom of expression
Cyberbullying is not just frowned upon in Canada; it can have serious legal consequences. While freedom of expression is a person's right to express their opinions, ideas, or information, it does not equate to freedom from the repercussions of such expression. Cyberbullying can result in the device being taken away, paying victims, and even jail time.
In Canada, cyberbullying is addressed in the Criminal Code, which protects against conduct that could cause injury to a person's reputation or expose them to hatred, contempt, or ridicule. This includes publishing libel (section 301) and publishing libel known to be false (section 300). The Supreme Court of Canada has upheld the latter as a reasonable limit to freedom of expression under the Charter. However, regarding section 301, several provincial appeal courts have struck it down as an unreasonable limit.
The Criminal Code also addresses bullying behaviour that amounts to threats or harassment causing a person to fear for their safety or that of others. Sections 264 and 264.1 cover criminal harassment and uttering threats. Additionally, distributing intimate images or videos without consent is a crime in Canada, often done as an act of cyberbullying. This law protects everyone's privacy and can significantly impact a person's self-esteem, reputation, and mental health.
While there is a fine line between free speech and harmful speech, cyberbullying often crosses into the latter territory. The law treats cyberbullying with the seriousness it deserves, and several statutes and case laws guide the prosecution of such cases. For instance, the Online Harms Act was introduced to strengthen laws against cyberbullying, hate speech, and harmful content, especially targeting children and youth.
In conclusion, while freedom of expression is important, cyberbullying violates the rights of others and causes significant harm. Canadian law recognises this and has implemented measures to address and deter cyberbullying behaviour, sending a clear message that such actions will not be tolerated.
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Cyberbullying as stalking
While cyberbullying is not specifically defined as a crime in Canada, there are various laws that can be used to prosecute cyberbullying behaviour. Cyberbullying can be considered a form of stalking, which is a crime in Canada. Stalking and criminal harassment laws in Canada can be applied to cyberbullying cases that involve the use of the internet, computers, or other electronic means of communication.
The Criminal Code of Canada does not have a specific definition for cyberstalking or cyberbullying. However, this does not mean that these behaviours are legal. The absence of a specific definition for cyberstalking in the Criminal Code does not provide immunity from prosecution for those who engage in cyber harassment or cyberbullying. Instead, cases involving cyberbullying or harassment online can be prosecuted under other sections of the Criminal Code, such as those related to stalking, harassment, and other applicable offences.
For example, Section 264 (1) of the Criminal Code addresses criminal harassment, which can include cyberstalking and cyberbullying. The penalties for criminal harassment via the internet or computer under this section can be severe, with potential consequences exceeding those for direct assault. Someone convicted under this section could face up to 10 years in prison if the Crown proceeds by indictment or two years less a day in jail, along with a fine of up to $5,000, if prosecuted by summary conviction.
In addition to criminal harassment, other sections of the Criminal Code can be applied to cyberbullying cases. These include sections related to assault, theft, uttering threats, publishing libel, and distributing obscene materials. The specific charges and penalties will depend on the individual circumstances of the case and the nature of the activity involved.
It is important to note that the impact of cyberbullying can be significant, even if it does not fall within the scope of criminal behaviour. Distributing intimate images without consent, for example, can have devastating effects on a person's self-esteem, reputation, and mental health. Judges have the authority to order the removal of such images, and those convicted can face serious legal consequences, including imprisonment and fines.
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Cyberbullying as distribution of intimate images without consent
Cyberbullying, a form of aggression usually among children and youth, has evolved with the widespread use of new communication technologies. While some forms of bullying such as name-calling, teasing, belittling, and social exclusion are hurtful, they are not criminal offences. However, the non-consensual distribution of intimate images, often referred to as "revenge porn", is a more recent form of cyberbullying that is not covered by criminal law in Canada. This involves the publication, advertisement, distribution, transmission, or making available of intimate images without the consent of the person depicted.
The non-consensual distribution of intimate images can occur in various contexts, including relationship breakdowns and cyberbullying. For instance, partners may exchange or take intimate photos during a relationship, but when the relationship ends, one partner may distribute these images to the other's family, friends, or employers, or post them online. This act of seeking revenge on a former partner can also affect young people who consensually exchange intimate images, only to have them used as fodder for humiliating cyberbullying attacks.
The Working Group, recognizing the challenges of removing offending material from the internet, has recommended a multi-pronged approach to address cyberbullying. This includes modernizing certain criminal offences to encompass harassment through electronic media, enhancing investigative powers for law enforcement, and promoting education, public awareness, and community support. Additionally, the Working Group suggests creating a new criminal offence specifically for the non-consensual distribution of intimate images, with complementary amendments for restitution and forfeiture of items used in the commission of the offence.
To prevent the distribution of intimate images, the Working Group also recommends that judges be authorized to order the removal of such images from websites if the person depicted did not consent to their posting. This proposal includes the ability for judges to order restitution to enable victims to recoup expenses incurred in removing the images from the internet and social media. Furthermore, the court would be empowered to seize and order the forfeiture of property related to the offence, such as computers and mobile devices.
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Frequently asked questions
Cyberbullying is not explicitly mentioned in Canadian law, but it can be addressed under civil law or criminal law, depending on the situation.
Cyberbullying is a form of bullying that uses electronic technology, such as social media, texting, instant messaging, and other communication platforms, to intimidate, harass, or harm someone.
Examples of cyberbullying include sending intimidating messages, spreading rumors, ostracizing victims from online social events, perpetuating hate speech, and distributing intimate images without consent.
The consequences depend on whether it is addressed under civil or criminal law. Under civil law, defamation is a common approach, where a person's reputation is harmed by the spread of false information. In criminal law, cyberbullying can be considered criminal harassment, which is punishable by up to 10 years in prison.
If you are being cyberbullied, you can call the police to report the problem. It is important to record the details of each incident, including the time, date, place, individuals involved, and what was said and done.
