Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697635881077.pdf (Australia)
Attachment 1 Existing definitions of bullying in analogous legislation and relevant policies  Under the Fair Work Act 2009 (Cth) s 789FD, a worker is “bullied at work” if an individual or group “repeatedly behaves unreasonably towards the worker” and “that behaviour creates a risk to health and safety”.

The word “serious” is not used.


 The introduction to the New Zealand Harmful Digital Communications Bill explains that it “sets out ten communication principles to guide the court and the Approved Agency in assessing whether a digital communication has caused or is likely to cause someone harm”, defined as “serious emotional distress”.
We interpret this to mean that, unlike the Australian Bill, the New Zealand Bill allows a court or Approved Agency to assess whether a digital communication has caused subjective serious emotional distress to the complainant.

 According to our June 2014 research on Youth exposure to, and management of, cyber‐bullying incidents in Australia, academic definitions of cyber‐bullying vary, but include the following definitions.
We note that none of these use the word “serious”, though the Department of Communications has used the terms “substantial” and “severe”: o “Aggressive, intentional acts carried out by a group or individual, using electronic forms of contact, repeatedly and over time against a victim who cannot easily defend him or herself” (Smith et al., 2008; Smith & Slonje, 2010, p. 249).
o “[A]ny behaviour performed through electronic or digital media by individuals or groups that repeatedly communicates hostile or aggressive messages intended to inflict harm or discomfort on others” (Tokunaga, 2010, p 278).

o “Any communication, with the intent to coerce, intimidate, harass or cause substantial emotional distress to a person, using electronic means to support severe, repeated and hostile behaviour” (Department of Communications, 2014, p 3).
o “[W]hen one person or a group of people repeatedly try to hurt or embarrass another person, using their computer or mobile phone, to use power over them.

With cyberbullying, the person bullying usually has some advantage over the person targeted, and it is done on purpose to hurt them, not like an accident or when friends tease each other” (Campbell, 2012 p 7*) o “When someone repeatedly uses the internet or a mobile phone to deliberately upset or embarrass somebody else.
It is intended to harm others and can include sending mean or nasty words or pictures to someone over the internet or by mobile phone” (ACMA: Like, Post Share, 2013*).

o “Bullying carried out on the INTERNET, through messages, chats or online posts, or on mobiles and smart phones.

It includes things like teasing, spreading rumours, ignoring or excluding people, and sending or posting threatening or unpleasant comments and images about someone” (Young and Well National Survey, 2014*).
Enhancing Online Safety for Children Bill 2014 [Provisions] and the Enhancing Online Safety for Children ( ConsequentialAmendments) Bill 2014 [Provisions]Submission 24 - Attachment 1  The terms of use of the large social media services vary, but none include the qualifier “serious” in reference to prohibited behaviours: o “You will not bully, intimidate or harass any user” (Facebook Terms of Service) o “You may not engage in targeted abuse or harassment” (Twitter Rules) o “Things like predatory behavior, stalking, threats, harassment, intimidation, invading privacy, revealing other people’s personal information, and inciting others to commit violent acts or to violate the Terms of Use are taken very seriously” (YouTube Community Guidelines) o “You must not abuse, harass, threaten, impersonate or intimidate other Instagram users” (Instagram Terms of Use) o “[Y]ou agree that you will not: .
.

.

Engage in any harassing, intimidating, predatory or stalking conduct” (Snapchat Terms) o “[Y]ou agree that when using the Communication Services, you will not: .

.

.

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others” (Microsoft Terms of Use) o “You agree to not use the Service to: .

.

.
.

.

harm minors in any way” (Yahoo!7 Terms of Service)  The New South Wales Department of Education’s Bullying: Preventing and Responding to Student Bullying in Schools Policy defines bullying as “repeated verbal, physical social or psychological behaviour that is harmful and involves the misuse of power by an individual or group towards one or more persons”.

In turn, cyber‐bullying is defined as “bullying through information and communication technologies”.
The policy does not contain the word “serious”.

1 Enhancing Online Safety for Children Bill 2014 [Provisions] and the Enhancing Online Safety for Children ( ConsequentialAmendments) Bill 2014 [Provisions]Submission 24 - Attachment 1