Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying
On 7 September 2017 the Senate referred the following matter to the Legal and Constitutional Affairs References Committee (the committee) for inquiry and report by 29 November 2017: The adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyberbullying, including:
(a) the broadcasting of assaults and other crimes via social media platforms;
(b) the application of section 474.17 of the Commonwealth Criminal Code 'Using a carriage service to menace, harass or cause offence', and the adequacy of the penalty, particularly where the victim of cyberbullying has self-harmed or taken their own life;
(c) the adequacy of the policies, procedures and practices of social media platforms in preventing and addressing cyberbullying;
(d) other measures used to combat cyberbullying predominantly between school children and young people; and
(e) any other related matter.
There are 5 chapters in this report:
• Cha[ter 1 provides information about the conduct of the inquiry, as well as relevant background.
• Chapter 2 examines the nature and prevalence of cyberbullying.
• Chapter 3 considers the adequacy of existing criminal offences.
• Chapter 4 examines the policies, procedures and practices of social media platforms, as well as education and prevention initiatives.
• Chapter 5 provides the committee's view.
