Charlotte's Law: Petition for Tougher Cyber Bullying Legislation
Monday 7 April 2014 @ 12.20 p.m. | IP & Media
A petition for the introduction of tougher cyber bullying legislation has achieved nearly 200,000 signatures on change.org. The petition calls for the introduction of legislation called “Charlotte’s Law”, named after Charlotte Dawson, the model and TV personality, whose suicide drew renewed attention to the problem of how to police the Internet. Em Mastronardi, a friend of Dawson’s who created the petition, wrote on change.org:
“We ask that the Australian and State Governments introduce cyber-bullying laws to tackle serious online abuse – not just for kids but for adults too. The police also need the resources to be able to enforce them, and act against those who relentlessly harass others online.”
The petition also calls upon Twitter Australia to agree to participate in the government’s current online safety review and “take a more active role in the prevention of cyber bullying.”
Current legislative reform
The Government is currently considering submissions to a discussion paper titled “Enhancing Online Safety for Children” – (for a full discussion of the proposed reforms, see TimeBase's earlier article, New Government Seeks Consultation on Measures to Enhance Online Safety for Children). But former Family Court chief justice Alastair Nicholson told the Sydney Morning Herald that the focus on children is not ideal, saying “This is a much more serious problem than we’ve ever accepted”.
However, parliamentary secretary for communications Paul Fletcher reiterated that while Dawson’s death was “tragic”, the government was confining its review to children:
“In our society there are a range of areas where we put in place extra protections for children in recognition of the fact that they are not necessarily able to make judgments or protect themselves in the same way adults are. There’s always a dividing line to be drawn at some point”
Further reform?
John Caldwell, who describes himself on his website as an ‘anti-bullying advocate’, told news.com.au that the problem is not that more laws are required. He argues that police are not aware of the laws already in place that could be used to deal with the issue.
“There’s been little or no training at the coal face… when you go in to report it, the officer will usually say that there needs to be a threat present and that’s just not true.”
He believes that cyber bullying would be covered by the Commonwealth Criminal Code (Section 474.17 makes it unlawful to use a carriage service to menace, harass or offend) and state stalking laws, and that police should be using these to prosecute cyber bullying offenders.
At the state level, NSW Premier Barry O’Farrell lent some support to the idea of legislative reform on Kiis FM, telling Kyle and Jackie O’s radio show:
“We need to ensure, whether it’s Twitter, whether it’s Facebook or some of the other social media platforms, that those who are running them, actually understand, that if someone logs in with the same original email account or the same name, the same birthdate, having been blocked … they shouldn’t be allowed on the platform again…”
For support or information about suicide prevention, contact Lifeline on 13 11 14 or the Suicide Call Back Service on 1300 659 467.
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
