Cyber Bullying in Australian Schools: The Question of Negligence and Liability

Abstract

Cyber bullying among school-age children is becoming an increasing problem in Australia. As yet there have been no negligence suits against a school. We speculate on possible outcomes by looking at school bullying cases, workplace bullying and harassment common law. In these ways, we theorise about the application of the principles of negligence and liability, with cyber bullying unique features. These include many of the acts of cyber bullying taking place off school premises; a 'playing field' difficult to supervise; low reporting rates and corresponding difficulties in awareness; and 'damage' that may prove difficult to ground in negligence. We conclude by making some recommendations for schools, including implementing more anti-bullying policies and programs with effective monitoring and implementation.

Keywords: Cyber Bullying, Schools' Liability

JEL Classification: K10