In a digital world where anonymity can give the impression of being protected, it is easy to believe that our actions have no consequences. Yet, whether online or in person, acts of bullying or cyberbullying have a real impact and can lead to legal consequences.
Criminal liability
In Canada, from the age of 12, a person can be prosecuted under the Criminal Code. Several offences may be related to bullying or cyberbullying behaviors:
Criminal harassment is defined as behavior, repeated or single, aimed at causing someone to reasonably fear for their safety. This behavior can include acts of violence, threatening words, invasions of privacy, or other disturbing actions. Additionally, to be charged, it must be demonstrated that the perpetrator intended to disturb or intimidate the victim or should have reasonably known that their behavior would cause distress to the victim.
It is a criminal offense to repeatedly communicate with someone with the intent to harass them, whether by text messages, emails, via the Internet, or any other means of telecommunication. The victim’s fear is not a requirement for this offense.
It is illegal to threaten to kill or injure someone, threaten to burn, destroy, or damage someone’s property, or threaten to harm, poison, or kill an animal that belongs to someone. Threats made on social media are as serious as those made in person.
A criminal offense is committed when someone uses threats, intimidation, or violence to obtain something from another person or to force them to do something. Demanding money under the threat of publishing an intimate image is an example.
Non-consensual distribution of intimate images
This offense involves the publication, distribution, transmission, sale, or making available of one or more intimate images of another person without their consent or without regard to whether they consented.
Production, distribution, and access to child pornography
These offenses involve any photo, video, image, or any written or audio recording depicting a person under 18 years old (or portrayed as such) in a sexual situation, whether explicit or suggestive. It is therefore prohibited to produce, possess, distribute, sell, transmit, make accessible, import, export, or view such content.
Advising someone to commit suicide or encouraging them to do so is a criminal offense.
These offenses do not only apply to actions taken by adults towards minors. A person aged 12 to 17 can also be arrested if they commit one of these offenses under the Youth Criminal Justice Act (YCJA).
Any victim of a criminal offense has the right to file a complaint with the police for free, and the penalties for the offenses mentioned can vary depending on the severity of the offense and the circumstances surrounding its commission. They can include fines, probation orders, communication bans with the victim, or even imprisonment in severe cases or for individuals with prior criminal records.
Criminal record
Beyond the sentence imposed by the judge upon conviction, the person will now have a criminal record. This will have consequences on both personal and professional levels, such as:
- Difficulties in job hunting: Many employers require a criminal background check during the recruitment process. For certain professions or jobs, such as in health, security, or education, employees cannot have a criminal record.
- Educational limitations: Some educational programs, particularly those leading to certain careers like law, medicine, and teaching, require a clean criminal record.
- Travel and visa limitations: Many countries require a declaration of criminal records for entry. A criminal record could prevent someone from traveling to these countries.
Civil liability
Civil liability is a legal obligation to compensate another person for damages or harm caused by our actions, negligence, or something we are responsible for. From the age of 7, a child can be sued in civil court. For example, an online post or an action that harms someone’s reputation may be considered defamation.
To undertake a civil liability action against someone, it is necessary to first consider other means to resolve the issue, such as mediation or a formal notice. If these fail, a civil case must be opened by the concerned person, with or without the help of a lawyer. When a child is ordered to pay an amount in a civil lawsuit, their parents or legal guardian will bear the cost.
Monitoring children’s behavior, both online and in everyday life, is essential. Laws apply just as much in the virtual world as in the real world. By raising awareness among young people about adopting respectful and responsible behavior, we help them avoid trouble and thrive in a safer environment.
