Understanding Cyber Bullying Under the Cybercrime Code Act 2016: A Comprehensive Guide

In the digital age, cyber bullying has become a prevalent issue, especially among children and teenagers. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including content related offences such as cyberbullying. Section 22 of this Act provides detailed provisions on the unlawful act of cyberbullying through electronic systems or devices.

What Constitutes Cyber Bullying?

Section 22 of the Cybercrime Code Act 2016 defines cyber bullying as the intentional and unauthorized use of an electronic system or device, whether connected to the internet or not, to engage in any communication or online discussion or posts with or regarding a child, directly or indirectly, for the purpose of bullying, intimidating, threatening, demeaning, ridiculing, stalking, or causing emotional distress.

This includes using electronic writings, images, audio, visual, or audiovisual recordings to:

1. Bullying, Intimidating, Threatening, Demeaning, Ridiculing, or Stalking: Directly or indirectly causing emotional distress to the child.
2. Supporting Bullying Acts: Repeatedly engaging in or supporting such behavior.

Key Actions Constituting Cyber Bullying

Cyberbullying includes:

1. Initiating: Starting any communication or discussion aimed at bullying.
2. Facilitating: Enabling or assisting in the bullying activities.
3. Participating: Taking part in the bullying activities.

Penalties for Cyber Bullying

The Act imposes severe penalties for those found guilty of cyber bullying, with different penalties for child offenders and adult offenders, and harsher penalties for more severe outcomes.

The penalties for child offenders (subject to the Juvenile Act 2014) are:

1. Detention for a term not exceeding three years.
2. Prohibition from accessing and using ICTs or electronic systems for the term of detention imposed plus an additional two years.
3. Both detention and prohibition can be imposed together.

The penalties for adult offenders are:

1. Imprisonment for a term not exceeding seven years.
2. Prohibition from accessing and using ICTs or electronic systems for the term of imprisonment imposed plus an additional two years.
3. Both imprisonment and prohibition can be imposed together.

These measures aim to deter cyber bullying and protect children from emotional harm.

Severe Penalties for Cyber Bullying Resulting in psychological or physical harm

Cyber bullying, especially when it results in psychological or physical harm, is treated as a serious crime under the Cybercrime Code Act 2016. Here’s what you need to know about the legal consequences and penalties.

When cyber bullying causes psychological or physical harm, the offender is guilty of a crime. This applies regardless of whether the bully is a child or an adult. The penalties reflect the severity of the harm caused by cyber bullying.

The penalties for child offenders (subject to the Juvenile Justice Act 2014) are:

1. Detention: Up to five years.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of detention plus an additional two years.
3. Combined Penalty: Both detention and prohibition can be imposed together.

The penalties for adult offenders are:

1. Imprisonment: Up to 25 years.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment plus an additional two years.
3. Combined Penalty: Both imprisonment and prohibition can be imposed together.

These stringent penalties underscore the serious nature of cyber bullying and aim to protect victims from lasting harm.

Severe Penalties for Cyber Bullying Resulting in Death

The Cybercrime Code Act 2016 imposes the harshest penalties for cyber bullying that results in the death of the victim. This underscores the gravity of the offence and the commitment to safeguarding individuals from severe harm. When cyber bullying leads to the death of the victim, the offender is guilty of a crime with severe consequences. The penalties are extremely stringent to reflect the seriousness of the offence:

The penalties for child offenders (subject to the Juvenile Justice Act 2014 and Section 19 of the Criminal Code Act (Chapter 262)) are:

1. Imprisonment for Life: The child offender will face life imprisonment.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment imposed.

The penalties for adult offenders (subject to Section 19 of the Criminal Code Act (Chapter 262)) are:

1. Imprisonment for Life: The adult offender will face life imprisonment.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment imposed.

These penalties are designed to deter the most severe cases of cyber bullying and ensure justice for the victims and their families.

Examples

Cyber bullying involves using electronic means to harass, intimidate, or harm individuals. Here are two examples:

Social Media Harassment: A teenager posts derogatory and offensive comments on a classmate’s social media profiles, spreading rumors and making fun of their appearance. The relentless online attacks lead to severe emotional distress for the victim, affecting their self-esteem and mental health. Such actions are a form of cyber bullying and are punishable under the Cybercrime Code Act 2016.

Group Chat Intimidation: In a group chat, several students gang up on one peer, sending threatening messages and sharing humiliating photos. They continuously mock and exclude the victim, creating a hostile online environment. This coordinated effort to harass and demean someone through digital platforms constitutes cyber bullying and can have long-lasting psychological effects on the victim. The Cybercrime Code Act 2016 addresses such behavior with strict penalties.

Implications of Cyber Bullying

The stringent penalties outlined in Section 22 highlight the seriousness with which Papua New Guinea treats cyberbullying. Such activities can lead to significant emotional, psychological, and physical harm, and even death. The legislation aims to deter cyberbullying by imposing heavy fines and long prison terms for offenders.

Prevention

Given the severe penalties and potential impacts of cyberbullying, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement strong antibullying policies: Schools and organizations should have clear policies against bullying and cyberbullying.
2. Educate children and adults: Provide education and awareness programs about the legal and emotional implications of cyberbullying.
3. Monitor online activities: Parents, guardians, and educators should monitor children’s online activities to detect signs of cyberbullying.
4. Support victims: Offer support and counseling services to victims of cyberbullying.

Conclusion

Section 22 of the Cybercrime Code Act 2016 underscores the importance of preventing cyberbullying in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better protect children and others from the harmful effects of cyberbullying.

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