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A criminal offence

Schools should educate the school community about the criminal offence of cyber bullying. Students should be informed that if they use technology in an inappropriate fashion then they could be committing a crime. Messages, phone calls, and chat rooms can be traced, even if a false name is used.

The numerous state and commonwealth laws which cover cyber crime include:

  • The Commonwealth’s Criminal Code Act 1995, section 4.7.4.17 notes that it is an offence for a person to use ‘a carriage service to menace, harass or cause offence’.
  • The Commonwealth’s Criminal Code Act 1995, section 4.7.4.15 notes that it is an offence for a person to use ‘a carriage service to make a threat’.
  • The Commonwealth’s Crimes Act 1914, part VIIB, section 85ZE notes that it is an offence for ‘a person to knowingly or recklessly use a telecommunications service supplied by a carrier in such a way as would be regarded by reasonable persons being, in all the circumstances, offensive’.
  • The Tasmanian Criminal Code Ammendment (stalking) Bill 2004 includes publishing or transmitting offensive material and sending electronic messages with the intention of causing physical or mental harm.
  • The sending of images is also covered by various State and Commonwealth laws that prevent the publication of material that is objectionable, unclassified or unsuitable for minors.

Kids Help Line (http://www.kidshelp.com.au) can assist students: 1800 551 800. Both teachers, students and parents can use the NetAlert Helpline: 1800 880 176. There are interpreters available. 

If you believe that a criminal offence has been committed Contact your local police station.

Web 2.0 - The Ugly

How to remove offensive material from web 2.0 internet spaces

Web 2.0 has wonderful learning opportunities for students but the ability to post anywhere/anytime can present issues and the risk of misuse. It may become necessary for the removal of content on a web 2.0 space e.g. video, image, comment etc

The quickest way to have content removed instantly is by the person who posted it. They have the passwords and information required. Talking to the students involved may reveal real issues and the quickest solution.

Quick removal of content is the aim. It is often good to get a copy of the offensive material in case legal implications arise. Most websites have a facility to ‘flag’ content. Each site is different. It is usually better to contact the site administrators directly.

Here are some well used sites who do respond to “flagged” issues:

YouTube (http://www.youtube.com)

Q   How do I get a video removed from Youtube? The process is the same for all users, principals, teachers and students.  It does vary on the type of violation you are reporting. 
This response was received from Google staff:

Non Privacy Issues e.g. fights, harassment, hate etc

“For non-privacy issues, the best way to report material that violates our Terms of Use is to use the "flag" feature beneath the video. It will bring it to our attention immediately. Please note that minors fighting is expressly prohibited by our Terms of Use (http://youtube.com/t/terms).”

The reference YouTube Community Guidelines (http://www.youtube.com/t/community_guidelines) outlines in simple language under the “Don’t cross the line” section, what actually breaches their user conditions. (an excellent reference for students).

  • Contact Us (http://www.google.com/support/youtube/bin/request.py) -  Questions and procedures to follow before you can contact YouTube directly
  • YouTube ‘Help’ (http://help.youtube.com/support/youtube/bin/topic.py?topic=13044&hl=en_US) - outlines procedures for inappropriate content, abusive users, video takedowns and privacy issues

 

For Privacy Issues
This would apply to a video which may not be offensive (See above) but was posted without informed or freely given consent. The video must still be flagged but it can only be flagged by the actual student or their parent.

This referenced Help Centre article is with regard to reporting privacy issues on behalf of minors.

  • Information for Educational Authorities: ‘I'm a school representative reporting a video’ (http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=94637) - 'In order to process abuse claims, we (YouTube) must receive notification directly from the individual in the video, or their legal guardians. If the individual involved is a co-worker, spouse, sibling, or friend, please have them contact us directly. Please do not continue to fill out the privacy form if you are not within the video or are the legal guardian of the person within the video. This could have severe legal consequences for you in your country, and will not be investigated by the YouTube staff. If you feel the content in the video is inappropriate based on our Terms of Use, you can report it to us for review by clicking the "Flag as Inappropriate" link under the video'
  • Abuse and Policy Centre (http://help.youtube.com/support/youtube/bin/topic.py?topic=13044&hl=en_US) - outlines the various issues and actions for users with YouTube.

MySpace (http://www.myspace.com)

  • MySpace provides members with the ability to report abuse - Help with FAQ
  • There is also a form available for the protection of school staff on this page. MySpace allows members to block unwanted contacts and set a MySpace page to 'private'. This will allow only selected 'friends' to view and or comment on that MySpace user’s pages. This can also be used as a form of cyberbullying (by exclusion).
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Habbo Hotel (http://www.habbo.com.au)

 

Club Penguin (http://www.clubpenguin.com)

 

Community Contacts

The support of students and teachers who have had experiences such as Cyber bullying, privacy breaches etc is essential.

For information about psychological issues such as internet addiction disorder
Australian Psychological Society (APS)
(http://www.psychology.org.au)
Tel: 1800 333 497

Report cases of racial hatred or sex discrimination
Human Rights Equal Opportunities Commission (HREOC)
(http://www.humanrights.gov.au)
Tel: 1300 656 419

 Report inappropriate or illegal online content, or problems with a telecommunications service or provider
Australian Communications and Media Authority (ACMA)
(http://www.acma.gov.au)
Tel: 1800 226 667 

For help and advice about online privacy issues
Office of the Federal Privacy Commissioner Australia
(http://www.privacy.gov.au)
Phone 1300 363 992

Complain about inappropriate content in computer games, video and DVD programsOffice of Film and Literature Classification (OFLC)
(http://www.oflc.gov.au)
Tel: (02) 9289 7100

  

This page has been produced by the Department of Education

Questions concerning its content may be directed by email to ServiceCentre@education.tas.gov.au or telephone 1800 816 057.

This page was last modified on 8th October 2008. The URL for this page is: http://www.education.tas.gov.au/school/health/websafety/cybersafe-classrooms/cyber-bullying.

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