Law as an Ally or Enemy in the War on Cyberbullying: Exploring the Contested Terrain of Privacy and Other Legal Concepts in the Age of Technology and Social Media

66 UNB LJ 3-50

48 Pages Posted: 23 Jun 2017

See all articles by A. Wayne MacKay

A. Wayne MacKay

Dalhousie University - Schulich School of Law

Date Written: 2015

Abstract

This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among the key legal concepts that will be explored are privacy, free speech, liberty, and equality. These are the cornerstones of Canada’s constitutional framework and striking the proper balance between them is a challenging and complex business.

Keywords: cyberbullying, online harassment, privacy law, Charter, equality, schools, students

Suggested Citation

MacKay, Wayne, Law as an Ally or Enemy in the War on Cyberbullying: Exploring the Contested Terrain of Privacy and Other Legal Concepts in the Age of Technology and Social Media (2015). 66 UNB LJ 3-50 , Available at SSRN: https://ssrn.com/abstract=2991170

Wayne MacKay (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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