Laws and policies to prevent cyberbullying in high schools - Lessons for India and Western Australia
Author Identifier
Vanessa Tay: https://orcid.org/0000-0001-9094-0669
Prafula Pearce: https://orcid.org/0000-0003-3072-7406
Document Type
Book Chapter
Publication Title
Comparative Law: Unravelling Global Legal Systems
Volume
5
Issue
1
Publisher
Springer
School
School of Business and Law
RAS ID
76527
Abstract
Many countries have reported an increase of cyberbullying in their high schools. Cyberbullied children can suffer severe consequences including depression, anxiety, substance abuse and suicidal behaviour, which include suicide ideation, suicide plans and suicide attempts. Many countries are beginning to enact online safety legislation. The Australian Online Safety Act 2021 has created a new framework for online safety for all Australians and is intended to protect both adults and children, with wide powers granted to the eSafety Commissioner. Although India does not have specific anti-bullying legislation, the Indian legislation that may capture some cyberbullying offences include the Indian Penal Code (IPC) 1860, the Information Technology Act 2000, and the Protection of Children from Sexual Offences Act 2012. These legislations can be beneficial in providing some deterrence from cyberbullying offences among high school children. However, their focus is on providing a reactive response to cyberbullying, for example by seeking the removal of intimate images or videos shared online, or empowering internet service providers with powers to block access to online materials. The complaints system and take down notices provided through legislations are only helpful after the harmful content has already been posted and shared online. Prevention of cyberbullying, especially for high school children can be achieved through a culture of awareness and education in schools. Currently, the only guidance for the implementation of preventive responses for schools in Western Australia and India are through policy directives, rather than through legislation. This chapter identifies the lack of legislative compulsion in high schools in Western Australia and India to establish anti-cyberbullying culture within their school policy. However, in another Australian state, the South Australian government have implemented a state-wide community-based approach to bullying prevention, whereby the Children and Young People (Safety) Act 2017 requires prescribed organisations, including schools to provide a child safe environment. This chapter conveys Tay’s research undertaken as part of her Master of Laws thesis (see https://ro.ecu.edu.au/theses/2647/), where the Western Australia approach towards bullying and cyberbullying prevention has been compared with the South Australian approach, and lessons are also drawn from Ontario, Canada, where anti-cyberbullying culture is promoted through the requirement within their Education Act.
DOI
10.1007/978-981-97-7815-7_4
Access Rights
subscription content
Comments
Tay, V., & Pearce, P. (2024). Laws and policies to prevent cyberbullying in high schools - Lessons for India and Western Australia. In Comparative Law: Unraveling Global Legal Systems (pp. 55-71). Singapore: Springer Nature Singapore. https://doi.org/10.1007/978-981-97-7815-7_4