Hi Everyone! Gaby, Kate, Leah and I will be presenting on cyberbullying on Tuesday. Our presentation is broken down into the following sections:
1) Cyberbullying in Canada
This part of the presentation discusses how cyberbullying is a growing social problem. Canada has experienced two high profile cyberbullying cases – Rhetaeh Parsons and Amanda Todd. In both these cases Parsons and Todd took their own lives due to the fact that an intimate image of them was shared online when they were 15 and 12, respectively. In response to these tragedies, the government developed Bill C-13, which introduced s.162.1 of the Criminal Code – Publication, etc. of an intimate image without consent.
Rhetaeh Parsons news articles:
https://www.thestar.com/news/canada/2013/04/12/rehtaeh_parsons_a_familys_tragedy_and_a_towns_shame.html
https://www.macleans.ca/news/canada/review-crown-decision-in-rehtaeh-parsons-case-was-reasonable/
Amanda Todd news articles:
https://blogs.ubc.ca/course0512e7b9763eca9657ab083805266162ded14194/2018/11/07/the-story-of-amanda-todd-and-the-horrific-effects-of-cyberbullying/
https://www.newyorker.com/culture/culture-desk/the-story-of-amanda-todd
https://bc.ctvnews.ca/amanda-todd-s-mom-hopeful-her-daughter-s-alleged-tormentor-will-face-trial-in-2020-1.4747938
2) An Examination of s.162.1 of the Criminal Code – Publication, etc. of an intimate image without consent
This part of the presentation seeks to examine the application of section 162.1 of the Criminal Code in recent cases in Canada. It considers questions such as:
– Who is being charged under s.162.1?
– How are these intimate images being distributed, transmitted, etc.?
– What specific problems does this provision address?
– What problems does it not address?
– Is it effective in addressing cyberbullying?
To answer these questions, we will look at a couple of cases in detail, including R v MTB, 2019 BCPC 77 and R v JB, 2018 ONSC 4726. We will also consider whether the criminal law is an appropriate tool for addressing this complex social problem or whether the law should respond in a different way.
Links to cases:
https://www.canlii.org/en/bc/bcpc/doc/2019/2019bcpc77/2019bcpc77.html?autocompleteStr=2019%20BCPC%2077&autocompletePos=1
https://www.canlii.org/en/on/onsc/doc/2018/2018onsc4726/2018onsc4726.html
3) US Law and Cyberbullying
This section of the presentation will explore the American treatment of cyberbullying. Firstly, it will discuss Melania Trump’s ‘Be Best’ Campaign, and some of the criticisms concerning its ineffectiveness. Secondly, it will canvas the approaches California and New York State have taken in educational and school-related contexts, as well as relevant provisions from their respective penal codes. In this part of the discussion, it will also visit, among others, the cases of Jordan Peisner and Seth Walsh, which resulted in considerable reforms to criminal law and state-mandated educational policies. Lastly, it will conclude with a discussion about the tension between regulating online activity and the First Amendment, which protects Americans’ freedom of speech.
Some related articles:
https://www.newyorker.com/culture/culture-desk/the-childlike-strangeness-of-melania-trumps-be-best-campaign
http://content.time.com/time/nation/article/0,8599,2023083,00.html
https://www.aclusocal.org/en/seths-law
https://www.rollingstone.com/culture/culture-news/sexting-shame-and-suicide-72148/
https://www.aclu.org/blog/free-speech/free-speech-and-cyber-bullying
4) Social Media Platforms – Responses to Cyberbullying
This section of the presentation will canvas the policies addressing cyberbullying on three major social media platforms – Facebook, YouTube and Twitter, and how the various platforms monitor and regulate content. It will also provide some real-life examples of what this self-regulation looks like in action and discuss possible solutions when these methods are not effective. Finally, it will address some technological advancements that may assist social media platforms in detecting and responding to cyberbullying.
Relevant reading materials:
Example – YouTube harassment and cyberbullying policy: https://support.google.com/youtube/answer/2802268?hl=en
Facebook Bullying Prevention Hub: https://www.facebook.com/safety/bullying
Policies in action:
https://www.cnn.com/2019/11/01/health/facebook-harassment-eprise/index.html
https://www.theverge.com/2019/5/31/18647621/youtube-steven-crowder-bullying-harassment-twitter-vox-carlos-maza