So how can we improve the Law?
Brodie’s law doesn’t target Cyberbullying specifically, in order to combat this issue the legislation could also be included in Section 14 of the Commonwealth Criminal Code 1995, where persons using a carriage service to bully could be charged with breaching Brodie’s Law.
To improve Australians online safety, the federal government could draw pieces of legislation from the Crimes Amendment (Bullying) Act of 2011 commonly referred to as Brodies law (a Victorian law established to provide safety to bullying victims) should be included in the Commonwealth Law under the Criminal Code Act (1995) to ensure the rights of individuals are protected for harassment that is occurring online.
The second Improvement
A major improvement is to mandate the education of the youth in Australia. Directing Australian schools to educate their students about Cyberbullying through an addition to the Pastoral Curriculum will aid a better education of the legal consequences to online threats, abuse, and harassment.
Applying law to the Scenario
Using the new law for our scenario, the creators of the website would be charged with meaning of stalking for directing abusive or offensive acts towards the second person (i.e. Larry) and for causing psychological harm. They could be sentenced to a maximum of 10 years imprisonment for their actions.
Implications for our stakeholders
Children and adolescences would be affected by the law the most because they will be the people getting charged with bullying crimes. However, on the other hand, they will benefit from the law as it will protect them from being or becoming victims of bullying. .
An introduction of Brodies law will not only protect parents from loss but also their reputation. With stricter monitoring of their childrens computers, parents will be in control of what their child is saying and doing online.
Implications for schools would include how the pastoral curriculum would affect the school and what punishments to hand out to the culprits. Schools would be the ones responsible for the education and consequences of their students.
So now you eager legal learners know all about Cyberbullying- the issue, the stakeholders, the law and solutions. Hope to see you next week!