Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697635286231.pdf (Australia)
Women in Media Submission to the Senate Inquiry on the adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyber-bullying October 2017 Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 Women in Media (http://womeninmedia.net/) would like to thank the women working in all facets of the media who shared their experiences, and who made a contribution to the preparation of this Submission.
We would also like to thank Dr Carlene Mahoney from the Capability Performance and Youth Command in the New South Wales Police Force, and Sarah Barber from Kitsu Creative.

Women in Media acknowledges that as Australians wherever we are in Australia, we live and work on Aboriginal land.

We pay our respects to Indigenous elders past and present.

We warn that many of the examples of abuse WiM have experienced may be distressing to readers.
© 2017 Women in Media Submission prepared 2017 by Carolyn Newbigin, Liza-Jayne (LJ) Loch, and Emma Brindley-Hawke Contact Person: LJ Loch Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 About Us: Women in Media Women in Media (WiM) (http://womeninmedia.net/) is a nationwide networking and mentoring initiative which aims to support and nurture women working in all facets of the media – including journalism, media advising, public relations, and corporate affairs.
Utilising the influence and backing of the Media Entertainment and Arts Alliance (MEAA), WiM aims to improve the working lives of women in the industry through campaigns to close the equity and opportunity gap for women working in the media, as well as through advocacy, mentoring, events and research.
Industrial Aims WiM campaigns on superannuation for periods of parental leave, better reporting on staff composition by gender, equal pay, female representation in leadership and managerial positions, and access to family violence leave.
Advocacy WiM works directly with media companies, educating senior management on the need for greater support for women in the media, the need for sponsorship and mentoring within organisations, and creating a best-practice environment to ensure women can fully and equitably contribute to their industry – be it news, public relations, communications or creative freelance.
Mentoring Our national mentoring program draws together senior industry figures to offer women in the initial stages of their career support, advice, and the benefit of their experience.

Events WiM holds events that focus on women’s issues including panel discussions, keynote addresses, professional development, and Q&A sessions that aim to bolster confidence, offer networking opportunities, training and the chance to hear from women in senior positions in the media industry.
Research WiM commissions important research regarding gender and women’s participation in media Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 Executive Summary Women in Media (WiM) (http://womeninmedia.net/) welcomes the opportunity to contribute to the Senate Inquiry into adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capture cyber-bullying.
WiM commends the government on the referral of this inquiry to the Legal and Constitutional Affairs References.

In responding to the Inquiry’s Terms of Reference, this Submission focuses on the areas where the lived experiences of WiM members working online in social media in particular is relevant to the Inquiry’s aims.
Namely: b. c. 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 cyber-bullying has self-harmed or taken their own life); and the adequacy of the policies, procedures and practices of social media platforms in preventing and addressing cyber-bullying.
In the developing media environment, the impacts and exposure of online spaces has become more invasive and caustic.

While many organisations have in-house policies in place, not enough attention is being given to revising legislation to reflect the criminal impacts that are caused by cyber-bullying and online hate speech.
WiM recognises that the online world presents great opportunities for media development, networking and reporting however it also recognises the darker side of this platform and the costly human impacts.

More and more, a sad reality is faced by many of our female members in the digital space, particularly journalists, as they engage with audiences’ harassment, abuse and threats due to their work or opinion.
WiM wish to the highlight to the Committee the growing extent of online harassment and abuse against journalists and media professionals and the disproportionate targeting of women within these roles.

The struggle to protect our members from cyber-bullying and assaults via social media platforms has become more hostile and damaging.
WiM believe the only option for this to be stamped out is through collaborative action between Government, social media platform administrators, enforcement agencies, media associations and professionals working together to tackle the perpetrators and their followers.
Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 Recommendations RECOMMENDATION 1: CLEARER GUIDELINES BE PROVIDED ON WHAT MESSAGES AND COMMENTS ON SOCIAL MEDIA A REASONABLE PERSON WOULD FIND TO BE MENACING, HARASSING OR OFFENSIVE.
RECOMMENDATION 2: THE FORMATION OF A NATIONAL TASKFORCE TO FORMULATE CLEARER GUIDELINES IN RELATION TO RECOMMENDATION 1 RECOMMENDATION 3: THAT FUNDING BE ALLOCATED TO RAISE AWARENESS OF WHEN AND HOW TO REPORT CYBER- BULLYING TO LOCAL POLICE AND THE ACORN NETWORK RECOMMENDATION 4: THAT FUNDING BE ALLOCATED TO RESEARCH ON NEW OFFENCES, EMERGING TRENDS AND CRIMES WHICH ARE DEPENDENT OR ENABLED BY THE USE OF SOCIAL MEDIA AND TELECOMMUNICATIONS SERVICES.
RECOMMENDATION 5: THAT FUNDING BE ALLOCATED FOR PRIMARY PREVENTION OF CYBER-BULLYING THROUGH PREVENTATIVE EDUCATION CAMPAIGNS, PARTICULARLY TARGETING YOUNG PEOPLE.
RECOMMENDATION 6: THAT AUSTRALIAN LEGISLATION SHOULD PROVIDE ‘CLEAR AND ADEQUATE RECOURSE’ FOR VICTIMS OF CYBER-BULLYING RECOMMENDATION 7: PROVIDING THE TELECOMMUNICATIONS INDUSTRY OMBUDSMAN (OR SIMILAR) WITH THE POWER TO INVESTIGATE DELAYS IN RESPONSE AND ACTION BY SOCIAL MEDIA PLATFORMS AS WELL AS REVIEW UNSATISFACTORY OUTCOMES INCLUDING INACTION.
COMMENDATION 1: WOMEN IN MEDIA WOULD ALSO LIKE TO COMMEND THE NSW POLICE FORCE FOR THEIR DEDICATION TO DEALING WITH CYBER-BULLYING, AS WELL AS THE DEVELOPMENT OF TOOL KITS AND TRAINING PACKAGES FOR FRONT LINE STAFF TO ATTEND TO THE WELFARE OF VICTIMS.
Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 RESPONSE TO THE INQUIRY TOR B: the application of section 474.17 of the Commonwealth Criminal Code ‘Using a carriage service to menace, harass or cause offence’ Section 474.17 - Using a carriage service to menace, harass, or cause offence.
A person is guilty of an offence if: (1) A person uses a carriage service, and (2) The person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.

Cyber-bullying and stalking occurs when someone engages in offensive, menacing or harassing behaviour, through the use of technology.
Cyber-bullying is usually carried out by groups or individuals who send messages via mobile communication or social networking which are threatening, intimidating or distasteful in nature.
Examples of cyber-bullying include: • posting hurtful messages, images, or videos online; • • taking and sharing unflattering, or private images (including naked or sexual images); repeatedly sending unwanted messages online; sending abusive texts and emails; • • excluding or intimidating others online; creating fake social networking profiles or websites that are hurtful; • • nasty online gossip and chat; and • any other form of digital communication which is discriminatory, intimidating, intended to cause hurt, or make someone fear for their safety.3 Although anyone can be a target of cyber-bullying, WiM members receive vast numbers of menacing, harassing and offensive messages on social media platforms and by email on a regular basis.
Sometimes this is in response to a public appearance, comment or article.

However, cyber- bullies and trolls appear to feel emboldened to send hurtful, personal, or intimidating messages to WiM members simply on the basis that their work requires them to be in the public domain.

In short, there is a reason for the well-known adage “don’t read the comments” on any article written by women or about women.
While the techniques used by the modern cyber-bully or troll to menace, harass or cause offence to their victims may have evolved to include more sophisticated electronic communication devices, the common characteristics found in those who do so remains largely unchanged.
There are a number of reasons why people might cyber-bully or troll a member of WiM, including: • • they find it amusing; they do not like the person’s ideas or ideology; Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 RECOMMENDATION 3: THAT FUNDING BE ALLOCATED TO RAISE AWARENESS OF WHEN AND HOW TO REPORT CYBER-BULLYING TO LOCAL POLICE AND THE ACORN NETWORK However, the investigations and prosecution of these types of offences can be problematic due to the anonymity afforded by technology.
However, there are also gaps which are being identified, including new offences, emerging trends, and cybercrime dependent crimes which may not be covered adequately by Section 474.17.

RECOMMENDATION 4: THAT FUNDING BE ALLOCATED TO RESEARCH ON NEW OFFENCES, EMERGING TRENDS AND CRIMES WHICH ARE DEPENDENT OR ENABLED BY THE USE OF SOCIAL MEDIA AND TELECOMMUNICATIONS SERVICES.

TOR B: The adequacy of penalties Section 474.17 - Using a carriage service to menace, harass, or cause offence.
Punishment: 3 years imprisonment A fine of $30,000 or more We are aware that NSWPF work closely with social media service providers to create law enforcement guidelines, processes to retrieve and capture intelligence and evidence, as well as to have content removed, and to block and ban users.

Suspected perpetrators may also be issued with a court attendance notice.
COMMENDATION 1: WOMEN IN MEDIA WOULD LIKE TO COMMEND THE NSW POLICE FORCE FOR THEIR DEDICATION TO DEALING WITH CYBER-BULLYING, AS WELL AS THE DEVELOPMENT OF TOOL KITS AND TRAINING PACKAGES FOR FRONT LINE STAFF TO ATTEND TO THE WELFARE OF VICTIMS In order that cyber-bullying begins to be less frequent in the future, three things seem to be necessary: • That education campaigns are designed, dedicated to primary prevention of cyber-bullying, particularly targeted at young people; • The cyber-bullies and trolls are prosecuted; and • That recourse is offered to the victims of cyber-bullying, acknowledging the impact such acts have, particularly over long periods of time.
RECOMMENDATION 5: THAT FUNDING BE ALLOCATED FOR PRIMARY PREVENTION OF CYBER-BULLYING THROUGH PREVENTATIVE EDUCATION CAMPAIGNS, PARTICULARLY TARGETING YOUNG PEOPLE.
THAT AUSTRALIAN LEGISLATION SHOULD PROVIDE ‘CLEAR AND ADEQUATE RECOURSE’ FOR VICTIMS OF CYBER-BULLYING RECOMMENDATION 6: Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 TOR C: The adequacy of the policies, procedures and practices of social media platforms in preventing and addressing cyber-bullying A continuing complaint from WiM members is the lack of response and action from social media channels when incidents of cyber-bullying are reported.
Trolling often generates typically generates overwhelming volumes of increasingly offensive posts.

The delayed response from social media platforms in investigating creates a distressing situation for the victim.

More often than not, the eventual finding from social media platform’s “investigation” is that the post is not in breach of their standards, even when the post invites gender vilification or violence.
It’s not enough to block the offending parties – their behaviour is wrong, dangerous, and often illegal and they need to be held to account.

RECOMMENDATION 7: PROVIDING THE TELECOMMUNICATIONS INDUSTRY OMBUDSMAN (OR SIMILAR) WITH THE POWER TO INVESTIGATE DELAYS IN RESPONSE AND ACTION BY SOCIAL MEDIA PLATFORMS AS WELL AS REVIEW UNSATISFACTORY OUTCOMES INCLUDING INACTION.
Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26 End notes 1 Private correspondence with Dr Carlene Mahoney, NSW Police Force Capability Performance and Youth Command 2 Australian Cybercrime Online Reporting Network (ACORN): https://www.acorn.gov.au/ learn-about-cybercrime/cyber-bullying 3 Buckells, E., Trapnell, P., & Paulhus, D. (2014).

Trolls just wanna have fun.


Personality and Individ- ual Differences, 67, 97-102.

4 Hardaker, C. (2010).

Trolling in asynchronous computermediated communication: From user dis- cussions to academic definitions.

Journal of Politeness Research, 6(2), 215242.

5 Tomas Chamorro-Premuzic (September, 2014).

Behind the online comments: the psychology of internet trolls.
The Guardian: https://www.theguardian.com/media-network/media-network-blog/2014/sep/18/ psychology-internet-trolls-pewdiepie-youtube-mary-beard 6 https://www.acorn.gov.au/learn-about-cybercrime/cyber-bullying Adequacy of existing offences in the Commonwealth Criminal Code and of state and territory criminal laws to capturecyberbullyingSubmission 26