cyberbullying, cyberbullying at school

Cyberbullying and cyber abuse in 2022 in Australia

Online abuse is an emerging issue in Australia

Australia is considered one of the world’s leading countries in the development of laws and regulations to curb the rapid onset of online abuse and technology-based harm.  The Office of the eSafety Commissioner (eSafety) has been established and is moving fast to implement change with social media companies, including creating accountability for online abuse that occurs within their platforms and apps. Our criminal laws are updating slowly to allow prosecution of cyberbullies.

There has been a Governmental focus on gaining a deeper understanding of the negative impact of bullying and abuse in the digital space. This work has resulted in the recent release of two key research studies:

Additionally, The Select Committee Inquiry into Social Media and Online Safety, in their unanimous report released on 15 March 2022, found that the safety of people online is being threatened by individuals who engage in harmful behaviour and conduct, leaving a long trail of trauma and suffering. The report focuses on harm to individuals, acknowledging that online abuse can also cause harm to the community and economically.

This blog post draws on this research and report to give an overview on the current perspectives of cyber abuse in Australia in 2022.

Social media can be beneficial

It is important to recognise that social media usage is not always toxic or harmful.  In their submission to The Select Committee inquiry, eSafety strongly advocated their position that the internet and social media sites present users with countless sources of positive benefits in their everyday lives:

“Social media connects people with the world around them, as well as with their communities and their families. The stark and isolating nature of the pandemic has crystalised the need to access these channels. Forty-nine percent of Australians were either born overseas or have families overseas, and the online world can help keep them connected. Similarly, online connectivity remains critical for regional and remote communities, and for our Aboriginal and Torres Strait Islander communities who want to remain connected to country and culture. In addition, we know the benefits to neurodiverse young people from engaging online are evident both inside and outside of formal education. Being online helps them to develop social skills and offers ways to expand and enrich offline interests.

This view was backed by the National Mental Health Commission and child advocacy group the Alannah and Madeline Foundation, which both identified the importance of digital technologies in the mental health and wellbeing of young people, as well as their vital role of the internet in creating connection to community and family. However despite these benefits, when used as a tool for bullying and abuse, the internet can cause significant harm to both adults and children.

What is cyberbullying and cyber abuse?

eSafety defines cyber bullying/cyber abuse as: “online communication to or about someone which is menacing, harassing or offensive and also intended to cause serious harm to their physical or mental health’.  The Online Safety Act 2021 is the Australian legislation that addresses cyber bullying and abuse.

Under the Act, online harassment of adults is referred to as Online Abuse. The key elements of the offence are:

  • The material is being provided on a social media, relevant electronic, or designated internet service;
  • A finding that an ordinary reasonable person would conclude that the material distributed was intended to have an effect of causing serious harm to a particular Australian adult;
  • A finding that an ordinary reasonable person in the position of that adult would consider the material being (in all the circumstances) menacing, harassing or offensive; and
  • Any further conditions set out by the legislative rules.

Online abuse of children is described as cyberbullying. The offence contains the same elements but the threshold of what amounts to ‘serious harm’ is lower to reflect the developmental stage of the child.

cyberbullying, cyber abuse, cyberbullying at school

Forms of cyberbullying and cyber abuse

According to eSafety, both cyber abuse and cyberbullying includes a range of online behavior, such as: 

  • sending abusive texts and emails, hurtful or offensive messages, images or videos, and spreading nasty online gossip
  • imitating excluding or humiliating others online
  • creating fake accounts to trick or humiliate another person.

Serious forms of online abuse can include:

  • harassing or threatening someone with violence because of their physical appearance, religion, gender, race, disability, sexual orientation or political beliefs
  • making someone’s personal contact details public on a social media service or other online platform in order to scare, harass or attack them
  • threatening someone with serious harm and encouraging other people online to join in
  • stalking and threatening someone online, particularly in the context of domestic and family violence
  • encouraging someone to harm themselves, particularly in cases where they are known to be at particular risk (for example, because they have a mental health condition)
  • repeatedly sending obscene and threatening messages as part of ongoing harassment.
  • online communication to or about an Australian child which is seriously humiliating, harassing, intimidating or threatening.

The impact of cyberbullying and online abuse?

Victims of cyberbullying and online abuse report a range of harms, from hurt feelings to serious long-term effects and mental health issues such as PTSD and lifelong trauma.

eSafety identified how the effects of cyberbullying can be felt in many ways:

  • Emotionally and socially – victims may experience feelings such as annoyance, anger, humiliation, shame, guilt, self-blame, deception, betrayal and/or fear. Social relationships may suffer. Work or academic performance can decline.
  • Financially – a victim of cyberbullying may have reduced ability to work and earn an income, loss of financial security, restricted access to or knowledge of personal finances. 
  • Health and wellbeing – victims may experience a range of physical effects and mental health concerns including anxiety, aggression, depressive symptoms, self-destructive behaviour, physical health problems, intimate relationship difficulties, re-victimisation, disassociation, loss of self-esteem and confidence, withdrawal from social activities, lack of trust, substance abuse, ongoing trauma, self-harm and suicide.
  • Personal safety – victims may develop fear of psychological violence, physical violence and murder.

Children are considered to be particularly vulnerable in terms of risk of negative mental health outcomes. However, it is noted the Select Committee report falls short of identifying a link between cyberbullying and the increase in mental health concerns affecting our youth. 

Prevalence of cyberbullying and cyber abuse in Australia

Research conducted by eSafety in 2021, Mind the Gap, found that almost half of the children surveyed had experienced “hurtful or nasty” treatment online within the previous year. One in 10 had been targeted with online hate speech.

Helpline services have also reported an increase in calls from people under 18 due to cyber related concerns including bullying, mental health, suicidal ideation, text-based sexual activity, sexting and self distribution of explicit images.

In adults, the recent eSafety study, Women in the Spotlight, identified that women are significantly more likely to experience cyberbullying, image-based abuse and adult cyber abuse than men. Two thirds of reports of abuse to eSafety are made by women and girls.

Cyber abuse is a workplace issue

With high rates of online abuse being from co-workers or in connection with a person’s work, cyber abuse is often a work-related issue regardless of whether the messages or posts are made during work time or not.

If you are subject of workplace cyberbullying experience, your employer may be able to support you and provide employee assistance programs and mental health support.

Some conduct defined as cyber abuse may be a crime in your state. It may also be a breach of your workplace code of conduct under the bullying and harassment, or other respectful workplace policy.

Your employer can contact eSafety for help and guidance on removing images or messages and posts if you give them permission. They can also request assistance with how to investigate and gather evidence of misconduct, and work with the commission to ensure your ongoing safety. If the identity of the offender is known your employer should start an internal investigation to determine if they have breached the organisations code of conduct. Where the identity is not known they can work with the commission to help identify the person and remove the offending material.

Cyber abuse of women is a particular workplace issue

A total of 35% of women surveyed for Women in the Spotlight reported experience online abuse in the workplace or in connection with their work. Much of this abuse is from colleagues in the same industry leaving women feeling unsafe and intimidated in their roles.

Of those abused due to their work, specific profiles were more likely to experience the cyber abuse than others:

  • women aged between 18 – 34 years old
  • women who identify as LGBTIQA+
  • women living with a disability, and
  • women with an online or media public profile. 

Examples of high profile women who have received well-publicised online abuse are sports broadcaster Erin Molan, whose evidence evidence to a the parliamentary inquiry into social media and online safety recounted countless examples of sickening abuse including threats to her two-year-old child; and Tayla Harris, an Australia Football League Women’s (AFLW) player who was photographed in a classic AFL follow-through kick which resulted in a wave of inappropriate gender-based abuse that became known as ‘kicking photogate’.

However it is not only high profile women that are targeted. The Select Committee report highlighted the challenges faced by ordinary Australians living with disabilities such as Carly Findlay who suffers from  ichthyosis, the rare genetic skin disorder. After publishing her photo for a work related purpose, she woke to find Reddit had repurposed her image on the ‘What the Fuck’ forum with 500 insulting comments. This form of group-based online bullying is known as a volumetric attack and is characterised by people piling on comments on social media platforms with seemingly little regard for the impact on the individual concerned.

cyber abuse in the workplace

Cyberbullying is a school issue

With one out of every five children between the ages of 8-17 reporting being socially excluded, threatened or abused online, cyberbullying is unquestionably an issue for school officials and school administrators. One in five children also reported their own participation in cyberbullying towards their peers.

eSafety has developed a library of resources including effective strategies to assist schools and families manage cyberbullying between children. To build on this further through two recommendations in the Select Committee report:

  • Recommendation 21 – increase the reach of educational programs geared at young people regarding online harms, focusing on reporting mechanisms and online harms being criminal offences
  • Recommendation 22 – That the E-Safety Commissioner work with the Department of Education, Skills and Employment to design and implement a national strategy on online safety education designed for early childhood, and primary school-aged children, and secondary school-aged young people.

Reporting online abuse or cyberbullying

In Australia, eSafety accepts reports of serious online abuse and in some cases can investigate and get the material removed. Reports made through eSafety must meet the following criteria:

Reporting cyber bullying of a child or young person.

  • The person affected must be under 18 and normally live in Australia.
  • Reports can be made by the child or young person targeted, their parent or guardian, or a person authorised by them (for example a carer, teacher or police officer).
  • To be investigated the cyberbullying must be online communication to or about a child that is seriously threatening, seriously intimidating, seriously harassing or seriously humiliating.

Outcomes can include removal of the harmful content, issuing a notice requiring the person responsible to refrain from further cyberbullying and/or apologise, issuing fines or penalties for services or platforms that don’t remove content, further legal action.

Reporting adult cyber abuse

  • Adult cyber abuse relates to online abuse affecting a person over the age of 18 who lives in Australia.
  • It must be reported by the person targeted or someone authorised by the person to report it on their behalf.
  • The threshold for investigation and outcomes are the same as for cyberbullying of children and young people.

Reporting image-based abuse

  • To report imaged based abuse you need to be the person shown in the image, a parent or guardian, or another person authorised to report on behalf of the person in the image.
  • Imaged based abuse can be reported to the eSafety Commissioner if the person shown in the image, either a child or an adult, normally lives in Australia.
  • A report can be made even if the person has only threatened to share an image, and it doesn’t matter if the image if fake or real.

In some states in Australia sharing intimate images without consent is also a crime and can be reported to police. However if you want the images removed, contact the eSafety Commissioner. The Commissioner can also issue penalties, fines or other regulatory action against the person responsible.

To find out more about how to report or to report serious online abuse go to the the e Safety Commissioner website for more details https://www.esafety.gov.au/report/what-is-serious-online-abuse

Investigating claims of cyber abuse at work or school

If you are dealing with a case of work or school related online cyber abuse or cyberbullying and need professional advice and guidance on how to respond, MyKludo can help. MyKludo specialises in investigations in this area and handles all queries with confidentiality and sensitivity. Please contact us if we can be of any assistance.

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