Cyberstalking legislation

Cyberstalking and cyberbullying are relatively new phenomena, but that does not mean that crimes committed through the network are not punishable under legislation drafted for that purpose. Although there are often existing laws that prohibit stalking or harassment in a general sense, legislators sometimes believe that such laws are inadequate or do not go far enough, and thus bring forward new legislation to address this perceived shortcoming. In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both.

Cyberbullying and cyberstalking, by their nature, define adversarial relationships. One person (or group), the provocateur, is exerting a view or opinion that the other person (or group), the target, finds offensive, hurtful, or damaging in some way. In a general sense, it would seem simple to legislate this type of behavior; slander and libel laws exist to tackle these situations. However, just as with slander and libel, it is important to balance the protection of freedom of speech of both parties with the need for protection of the target. Thus, something that may be deemed cyberbullying at first glance may, in fact, be more akin to something like parody or similar.

A 2006 National Crime Prevention Council survey found that some 40% of teens had experienced cyberbullying at some point in their lives, making the problem particularly widespread.Not only is the issue of cyberbullying extensive, it has adverse effects on adolescents: increased depression, suicidal behavior, anxiety, and increased susceptibility of drug use and aggressive behavior.

Australia does not have specific cyberbullying legislation, although the scope of existing laws can be extended to deal with cyberbullying.

State laws can deal with some forms of cyberbullying, such as documents containing threats, and threats to destroy and damage property.

Commonwealth offences that criminalise the misuse of telecommunication services are also relevant when technology is used to communicate harassment or threats.

The Family Law Act 1975 (Cth) protects individuals from harassment, including harassment that occurs via electronic communications. However, this is limited to the victims of family violence.

The Australian government has proposed specific cyberbullying laws to protect children.

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