Concern as social media adds to bullying intensity

While bullying impacts all age groups, children and teens seem by far to account for the highest number of cases made public.

Playground taunts are one thing, but with the rise of social media and handheld devices to not only deliver damaging comments to a much wider audience immediately and which can never be forgotten, the ramifications are ongoing.

In the past week, Tasmania has taken a step to introducing stronger legislation to deal with bullying, with the release of the 72-page Tasmanian Law Reform Institute report, Bullying, which looks at the role law can play in responding to bullying behaviours, including cyber-bullying.

It has also set forward 15 recommendations* - many of which have come from those working directly in the area.

While the report has recommended serious bullying offences, including that of cyberbullying, be prosecuted, it also looks at if enough is done for victims to get redress.

It was brought to the fore, partly by the death of 15-year-old Hobart teen, Chloe Fergusson, who committed suicide in 2013 after three years of sustained physical, verbal and mental bullying and cyberbullying.

Her story, while tragic, helped to put bullying back in the spotlight and gained national coverage.

By highlighting Chloe's death, her family started a campaign called Chloe's Voice, which has sought to see uniform anti-bullying legislation introduced nationally.

Chloe's death has been one of many attributed to bullying, not only in Australia but globally.

While there are anti-bullying laws covering schools and the workplace in each state, it is the extent to which they help the victim and act against the perpetrator, that is the difference.

At the release of the report, the institute's director, Terese Henning, said the traditional understandings of bullying were "dangerously misconceived".

"Bullying can encompass an extremely wide range of behaviours, including social exclusion, name-calling, cyber-harassment, gesturing, physical contact, the spreading of rumours, teasing, publishing materials relating to the victim and masquerading as the victim online," she said.

Unfortunately, Australia falls behind many other nations such as Scandinavia, the US or Canada, in adopting laws that aim to address bullying, in part she said, because of its culture to try to laugh something off.

She said there also remained a perception that people who claimed they were bullied were seen as weak or couldn't take a joke.

Ms Henning said as it was, a bully was often not spoken to or claims followed up adequately and the problem remained unresolved until that particular person moved away.

She said serious cases of cyberbullying and the growing instances of revenge porn, should be able to be prosecuted because the evidence remained online.

Revenge porn, where an aggrieved partner or ex-partner uses or threatens to use private images or video to harass or manipulate, was an awful form of bullying she said.

In recent weeks, the Commonwealth Director of Public Prosecutions has also called for tighter laws around it as women are not adequately protected as it is.

They are also seeking that there be some consideration for those aged under 16.

While police can charge a person for using a carriage service to menace and harass under the telecommunication legislation, it is only Victoria and South Australia that have introduced state laws directly related to revenge porn.

Tasmania Police assistant Commissioner Richard Cowling said that while acknowledging bullying could have significant impact on people's lives, "police hold some concerns that criminal law is not the best mechanism to deal with these issues".

"Defining bullying behaviours for the purposes of criminal law is problematic as research indicates a majority of youth offenders," assistant Commissioner Cowling said.

He said the Office of the Children's eSafety Commissioner, which started last July as a one-stop-shop for online safety, was an excellent portal of resource for anyone dealing with cyberbullying.

In serious cases of bullying, authorities had powers to investigate under existing laws, he said.

Assistant Commissioner Cowling said police would, however, consider the recommendations in the report and discuss further with its partner agencies involved in the response to bullying issues.

Anti-bullying organisation Angel's Hope spokeswoman Chloe Cunningham said she supported any reforms that might come from the report, yet there was still a way to go to address bullying in the community.

Angel's Hope contributed to the report, with one of its suggestions that a child and adolescent psychiatrist advisor be appointed to monitor the handling of complaints in each school.

"I think that stronger laws will reinforce that bullying is not OK," Miss Cunningham said.

"I do agree that if it's done intentionally and repetitively and they're fully aware, then I think there should be repercussions for their actions.

"If they're being traumatised, mentally or physically, then this needs to be addressed."

She said a stigma remained around the reporting of bullying and individuals were still looked upon as weak, which should not be the case.

The Launceston Young Citizen of the Year recipient, Miss Cunningham already worked with schools on introducing tools for students to deal with bullying but she said it was important teachers and educators also knew what to look for and what to do, so any instances were stopped early.

This follows remarks by Australian Education Union state president Terry Polglase when the report was released, who said schools already had measures to address bullying, but it did not take into account resource levels and ignored the necessity of imposing suspensions.

Opposition ICT and Innovation spokeswoman Madeleine Ogilvie called for a new approach on what she termed "malicious cyber behaviour".

"Unfortunately, abusive online behaviour has reached new levels of prevalence," she said.

"Our laws have not kept up with communications technology.

"Every day we hear of another example of people being targeted and even death threats made towards people online - this is completely unacceptable."

Ms Ogilvie has called for new thinking on legal solutions.

"The tech industry is ready to work with us on this matter. A local response that is cost effective, immediate and practical is required."

WHERE TO NOW

TASMANIAN Attorney-General Vanessa Goodwin would not comment on the recommendations or the call by the TLRI to prosecute those behind serious cases of bullying, nor to what extent any new laws would impact under-age perpetrators.

She said the government would announce its position once it had closely considered the report's contents and recommendations.

■ Serious bullying justifies a criminal justice response. This could extend to stalking in the Criminal Code to cover common bullying behaviours.

■ A change to the Justices Act for restraint orders around bullying.

■ Establish a civil framework that institutes a mediated and restorative justice response.

■ Or extend the powers of the Anti-Discrimination Commissioner to deal with complaints.

■ A duty to prevent bullying in the workplace is put on employers.

■ Individuals can report bullying of others in the workplace and be protected.

■ The Education Department establish a Bullying Working Group to develop legislation to roll out in schools.

■ Non-punitive and restorative practices take place at schools for all children, those involved and bystanders.

■ Resources like the Victorian Education Department Bully Stoppers and eSmart programs be introduced.

■ There is timely investigation of reports of bullying.

■ Schools be encouraged to work with the Office of the Children's eSafety Commissioner.