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(Guest)

Cyber bullying-right of victim to prosecute offender while p

 

Cyber bullying-right of victim to prosecute offender while preserving her own anonymity

 

Recently Canada is engaged in national dialogue about online bullying in the wake of Amanda Todd’s suicide. One aspect being discussed is what role the law should play in protecting victims of bullying.  Should new legislation be enacted, like the NDP’s proposal for a national anti-bullying strategy or should changes to the law be left to the courts?
 
In late September the Supreme Court of Canada released AB v Bragg Communications Inc, 2012 SCC 46, rev’d 2011 NSCA 26, rev’d 2010 NSSC 215 in which a teenager sought to unmask her cyberbullies in order to pursue a defamation action, while preserving her own anonymity. At issue was the appropriate balance between the freedom of the press and open court principles on the one hand, and privacy and protecting children from cyberbullying on the other. This case is a good overview of what legal recourses are currently available to victims of online bullying and outline some of the difficulties they face in pursuing them.

https://www.lawweb.in/2013/08/cyber-bullying-right-of-victim-to.html



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