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

38(2) Alternative Law Journal 92-95 (2013)

5 Pages Posted: 19 Jul 2013

See all articles by Amy Dwyer

Amy Dwyer

Independent

Patricia L. Easteal

University of Canberra - School of Law and Justice

Date Written: 2013

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

Suggested Citation

Dwyer, Amy and Easteal, Patricia L., Cyber Bullying in Australian Schools: The Question of Negligence and Liability (2013). 38(2) Alternative Law Journal 92-95 (2013). Available at SSRN: https://ssrn.com/abstract=2295315

Amy Dwyer

Independent ( email )

No Address Available

Patricia L. Easteal (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
456
Abstract Views
1,554
rank
62,738
PlumX Metrics