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Cyber Security and the Emergence of the Cyber Bully

The computer age is now affecting nearly everyone. While some resist the world wide web and e-mail, it is not only computers which link us to the cyber world - as phones, game consoles, TVs and even fridges and photo frames can now connect to the Internet and affect even the most technologically challenged.

Increasingly homes today are connected using wireless systems which need to be secured by strong passwords to prevent unauthorised access. As the number of people using these devices increases, the need for better cyber security becomes increasingly important. No matter how or where you go online, you need to protect yourself. Take the time to realise this and establish strong passwords, good virus protection and also use recognised programs and providers who can offer you some protection against the cyber criminal.

As wonderful as the benefits of social media in the cyber world seem with the advent of Facebook, MySpace, Twitter and YouTube, there has been a significant growth in the occurrence of cyber bullies who use these mediums to denigrate, defame, isolate, intimidate and pursue other people much more devastatingly than ever before.

While Courts have been dealing with intimidation for many years, and SMS intimidation is common since the proliferation of the mobile phone carried by a much greater percentage of the population including children, it is now the case that the tool of social media make intimidation more immediate and widely spread than it ever could have been previously. Mobile phones operate as cameras and can record video.

I’ve seen examples where individuals who I like to refer to as Cyber Stalkers can (for instance) leave a courtroom and within an hour be reporting to hundreds and often thousands of Facebook “friends” regarding their account of what happened and their view of the other parties, the lawyers or the Presiding Magistrate. Added to this, the availability of mobile phone size hand held video recorders which can be used surreptitiously in any school, leisure centre, shopping mall and change room put a different complexion on privacy which you would have expected previously.

Imagine a loved one being caught on video and posted on the internet whilst simply living their lives without any idea their privacy has been compromised.
The reasons for bullying and intimidation have not changes with emotional abuse a recognised reason for granting a Restraining Order. Bullying behaviour includes intimidating, or communicating in an offensive or emotionally abusive manner and includes pursuing someone with intent to intimidate them - all to create an apprehension or fear in their victim.

While pursuing someone may have in the past had the connotations of being physically followed, it now is better understood to include to repeatedly communicate with someone - even indirectly. The Courts have said that emotional abuse can be verbal or non-verbal as long as it adversely impacts upon another person’s emotional wellbeing. How more devastating than having hundreds of your close friends, workmates and peers reading offensive material about you?

While the law hasn’t changed significantly in the Restraining Order context, I believe the application of the law to take steps to silence the cyber bully is one which is the significant challenge of the next few years. In the event you or someone you know is a victim of this contemptible behaviour, it is important to get advice and seek some legal protection.

Related Havilah Legal service(s): Restraining Orders

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