The Canadian government provided a constitutional guarantee of freedom of expression in 1981 under the Charter of Rights and Freedoms. However, the Canadian courts have used Section 1 of the Charter (provides that all rights are subject to such reasonable limits as can be justified in a free and democratic society) to “justify various forms of censorship.
Works Cited Fleitas, Amy. Internet Spam Spawns Scams. Bankrate, Inc. 22, Apr. 2004 http://www.bankrate.com/brm/news/advice/20021025b.asp Freedman, David. “Sleaze Bay.” Forbes.
Under civil law, a cyberbully may be incriminated if they engaged in defamation. (Media Smarts, 2013). Defamation includes harming someone’s reputation by spreading false information. (Media Smarts, 2013). If this course of action is pursued and the suit is successful, the cyberbully will most likely to pay damages to the target.
In this essay I will examine both sides of the argument, and explain why I personally feel that cyber crimes cannot be prosecuted as actual crimes. First of all, if a crime doesn't result in a physical loss, can it even be considered a crime? Theft on the web is, in actuality, the theft of an idea. If an idea is placed on the web, is it not open for everyone to see, experience, or even take? Is a rape in cyberspace really a rape if there is no physical contact?
Sadler, R. (2005). Electronic Media Law. Thousand Oaks: Sage Publications Inc. Villiers, M. d. (2008). Substantial Truth in Defamation Law. New South Wales: University of New South Wales.
Safarikova, K. (2011). Columnist proposes crazy EU tabloid idea! Transitions Online, 10. Schaffer, D. (1995). Shocking secrets revealed!
7 Feb. 2012. . Silver, Eric, Carmen Cirincione, and Henry J. Steadman "Demythologizing Inaccurate Perceptions of the Insanity Defense." Law and Human Behavior 18.1 (1994): 63-70. SpringerLink. Web.