Comparing Victorian And Queensland Cyberbullying Law

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Cyberbullying includes anything from making threats, to sending malicious messages and making derogatory comments (Karklins, 2012). Threatening another under Queensland and Victorian Law is illegal and is subject to a criminal penalty pursuant, as of Queensland Criminal Code Act 1899 (the Code) and the Victorian Crimes Act 1958 (the Crimes Act). Although provisions in both the Code and the Crimes Act make cyberbullying illegal – there are differences in their applications and outcomes. This paper compares the Victorian and Queensland legislation, attempts to provide an evaluation of the laws and makes recommendations to improve Queensland cyberbullying law considering the Victorian legislation.
Queensland criminal threats laws are in place …show more content…

Reasons for this contrast include, what is defined in each law as online threats, and the outcomes that occur if convicted. In Queensland Law, threatening is defined equitably, however, the Criminal Code only regards to online threats individually (Queensland Government , 2018), not taking in to consideration how typically threats occur during stalking or other cyberbullying aspects (Butler, 2018). More-over, many repercussions have been observed due to the very light punishment in Queensland legislation when consolidating online threats. Although Victorian law doesn’t require proof of intent to stalk (Victorian Government, 2013), the positive impacts of Victorian Law include placing online threats under cyberstalking and having an increase of time imprisonment are seen in Brodie’s Law (Brodie's Law Foundation, 2018). The introduction of Brodie’s Law allows the criminal justice system to respond to serious examples of cyberbullying. “The law ensures certainty in the application of the criminal law to cases of serious bullying… [and] sends a strong message that threatening and bullying behaviour” is punishable (Victoria State Government , 2017). When comparing the legislation in Queensland and Victoria, there are different advantages and disadvantages to both, although Victorian law is clearly observed with more

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