Cyberbullying, Associated Harm and the Criminal Law

Abstract

This doctoral thesis examines the nature of the phenomenon of cyberbullying, its definition, scope and negative consequences. It provides a theoretical insight into the varying shades of harm associated with the different forms of cyberbullying. It posits the view that a state can legitimately criminalize the most harmful manifestations of this conduct based on a principle of harm. The thesis examines each of these themes by presenting and exploring an array of existing South Australian and federal criminal laws which currently regulate some instances of cyberbullying. It concludes that the most serious manifestations of the conduct are governed under the existing criminal law, albeit in a piecemeal manner. The thesis then considers the merits of creating a new specific criminal cyberbullying offence. Model legislation that Australian jurisdictions may consider adopting is offered. The thesis concludes with an examination of how youths guilty of serious cyberbullying could best be accommodated in the South Australian juvenile justice system.

Keywords: cyberbullying, criminal law, computer crimes