Legislating Against Cyber Bullying

Kudos to the Canadian Province of Nova Scotia for introducing legislation to attack cyber bullying.  That is a very noble and much-needed law to help protect the vulnerable and the abused.  I applaud the attempt but, I also have real concerns with the legislation, the least of which, this is a Provincial piece of legislation, not a Federal one.

Really, is it so hard?

Given the number of suicides, injuries and serious life impacts that have occurred because of this issue, perhaps a real effort needs to be made to help protect.

I see failures in law start when an interpretation of a broad nature has to be applied.  In this case, who is to say what cyber bullying is?  According the legislation, the definition is:

“…typically repeated or with continuing effect, that is intended or ought reasonably be expected to cause fear, intimidation, humiliation, distress or other damage or harm to another person’s health, emotional well-being, self-esteem or reputation, and includes assisting or encouraging such communication in any way;”

The interpretation, in reality, is in the eye of the recipient.  This is a huge problem in my opinion.  I’ve been attacked on the Internet and in particular, social media.  I’ve been called names, made fun of and been threatened.  Cyber bullying?  Not all of it. Some have been one offs, while others have been, as the legislation says, “…repeated or with continuing effect.”

Have I called the police or gone off about being bullied? No…but that’s just me.  Thick skin or an understanding that sometimes little people are just little people, I let it go.

Other people?  Well, let’s just say no and leave it at that.

I’ve seen many people called bullies for stating their opinion which was not at all bullying.  I’ve seen people freak out because someone challenged something they said and references to trolls fly about as a result.

I can see many people running to the Nova Scotia Social Media Police with frivolous or vexatious complaints.  And therein lies the next big problem.  A 5 person team dedicated to the investigation of cyber bullying complaints.  How much of their time will be spent looking at garbage complaints from people who can’t take criticism or comments while real issues get overlooked, ignored or missed?

That’s some of the bad…here is some of the good about this legislation.  

Liability

I absolutely love this one.  Parents…beware, you could be on the hook for your minors.  This could be problematic for some parents…you may actually have to take an interest and active role in your children’s lives!

You see, if your minor is found to have committed offences against the legislation, you in essence are also committing the offence.  The last thing you better say as a parent is, “I had no idea.”

School administrators, also on the hook.  If a complaint is brought to you, you better be shown to do something other than give a lot of lip service and protection of the bully.  You better be onside with the victim of the attacks and working hard to stop them.

Defence

HA!  The complaint process is an ex parte move, meaning one-sided.  From there a judge can order police to seize computers and electronics, companies to cut your Internet access, order you not to use the Internet and a few other choice orders.

And you have no defence in the first instance. 

I can’t see any potential abuse of this process.  No one would be willing to lie to a court to cause damage to another person…that’s never happened before, especially when it is a one-way street.  Good grief!

Charter

Did the legislators consider the Constitution Act of 1982 when they drafted this legislation?  Did they care to consult anyone about the meaning of Subsection 2(b):

• freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

There truly is no free speech.  You can’t say whatever you want without consequence.  Hate Speech comes to mind.

This legislation is going to get its pants tested out more ways than you can think of when the Charter Applications begin.  You see, a law of any kind just can’t super-seed the Charter.  I know that and I didn’t even go to law school.

Like I said at the beginning…Kudos to Nova Scotia for bringing legislation to its people.  Something that is needed, but needs way more attention to detail than one Province can provide. 

Oh speaking of which…what happens if someone from Florida cyber bullies a restaurant in Nova Scotia with a nasty review of its catch of the day…is the law applicable?

Cyber Bullies often hide who they are, where they are and will go to many layers of insulation to do so. I don’t think the legislation defines how much power the investigators will have to tackle this part.

The worst part of this legislation?  Can I now be considered a cyber bully in Nova Scotia for my views on it and this post?