I recently read Waine v Carnival PLC t/as P&O Cruises Australia [2022] NSWDC 650. This case may be of interest to students in my Torts Law class. The plaintiff was 15 weeks pregnant when she started to show signs of losing her baby. At the time she was enjoying a...
Social Media and Criminal Law- Revenge Porn, Cyberbullying and Harassment!!!
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This week we investigated the intersection between social media and criminal law in my Social Media Law course. I will be honest and tell you I was both appalled and confused by many of the cases and incidents which are cited relating to criminal activities which take place on social media.
Call my old fashioned, but I can’t understand why any one would think it is OK to put intimate pictures of another online- without consent!?! Often these activities are referred to as ‘revenge porn.’ Revenge porn has been defined as ‘distributing intimate images of former partners without consent’ with the intention of harassing or abusing them. The common perception is that females are always the victims and males are the perpetrators- this is not always the case!! In addition, there are lots of examples where images and videos are shared by someone who was never been in a relationship with the victim. Furthermore, motivations for posting these images and clips are varied- in some instance’s perpetrators think these actions are funny, or perhaps they are proud to have had sex with such an attractive person?!?
There are also well-known cases where online bullying led to the suicide of victims. Examples such as Charlotte Dawson and Dolly Everett’s suicides have been extensively documented in the media and the literature.
Other examples of bullying and offensive behaviour are particularly distasteful. For example, in R v Hampson, the accused posted sadistic and sexual comments on tribute pages of two kids who had died. Daubney J noted: one can only judge your conduct as being depraved. It was plainly conduct which was intended to offend those who were genuinely grieved by tragic events in their lives. No right- thinking member of the community could fail to be outraged by that sort of conduct.’
The legislature is making valiant attempts to try and curb and react to distasteful online activities such as ‘revenge porn’ and ‘cyberbullying.’ One good example is the Online Safety Act (Cth) which came into force last year. This legislation sets up a framework to improve and promote online safety for Australians. One of the primary functions of this legislation was to establish the eSafety Commissioner. The key functions of this statutory body are to administer a complaints system for cyber-bullying and the non-consensual sharing of intimate images.
The law is a key mechanism for promoting and maintaining online safety. However, in my opinion we can all do our bit to help with this cause- just be kind and respectful to each other online and encourage others to do the same!!