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Cyber Bullying

A criminal offence

Schools should educate the school community about the criminal offence of cyber bullying. Students should be informed that if they use technology in an inappropriate fashion then they could be committing a crime. Messages, phone calls, and chat rooms can be traced, even if a false name is used.

The numerous state and commonwealth laws which cover cyber crime include:

  • The Commonwealth’s Criminal Code Act 1995, section 4.7.4.17 notes that it is an offence for a person to use ‘a carriage service to menace, harass or cause offence’.
  • The Commonwealth’s Criminal Code Act 1995, section 4.7.4.15 notes that it is an offence for a person to use ‘a carriage service to make a threat’.
  • The Victorian Crimes Act 1958 was amended in 1995 to include the offence of ‘stalking’. This includes telephoning and sending electronic messages with the intention of causing physical or mental harm.
  • The sending of images is also covered by various State and Commonwealth laws that prevent the publication of material that is objectionable, unclassified or unsuitable for minors.