A common misunderstanding by potential abusers of online and wireless technology is that because they can’t be seen they can’t be caught. Even greater is the myth that wireless words are exempt from the law. Sadly, many people do not realize that what they are texting in haste may actually be hate, which is a punishable offense.
Even if said in jest, the written word lacks the intonation and body language of the spoken word. This often results in a flourish of misunderstandings, misinterpretations, and hurt feelings. Angry messages sent in haste and without forethought are often hurtful and spiteful to the recipient. Like the spoken word, the written word can not be taken back. The written word also carries a heavier responsibility; once it is published it is available for everyone in the world to read. Consider the following before hitting SEND:
Defamatory Libel
In the Criminal Code of Canada the punishment for being found guilty of publishing material known to be false and harmful to a person’s reputation is up to 5 years imprisonment. This includes publishing a Web page or posting on a newsgroup untrue statements about a person that could entice other people to ridicule or perpetuate the untruths about this person.
HarassmentIn the wireless world, harassment includes repeatedly contacting a person or any member of his family through one or a variety of means of electronic communications including:
- Threatening or obscene e-mails or text messages
- Spamming – sending the person a multitude of junk e-mail
- Flaming – insulting conversations in chat rooms
- Sending electronic viruses
- Leaving offensive or inappropriate messages in guest books or on message boards
- Electronic identity theft
The punishment for a person found guilty of harassment bullying under the Criminal Code of Canada is up to ten years in prison.
Discrimination
The Canadian Human Rights Act protects people from hate or discrimination based on matters including an individual’s physical size, age, ethnic, national or racial origins, colour, disability, and sexual preference. The punishment for computer crimes and cyber bullying based on a Human Rights Act violation is a fine up to $50,000.
While online, the best way to avoid saying something you may regret forever is to never send a message when you are angry. Take the advice of Bill Belsey, founder and President of Bulling.org Canada, “Do your best to make sure that your messages are calmly and factually written… Once you’ve sent a message, it is very hard to undo the damage that such [flames] can do.” [Canadian Teacher Magazine, Spring 2008]. Also, discuss the personal and legal consequences of internet abuse with your family.
For more information on cyber bullying and the law:
Bullying.org Canada
Canadian Human Rights Commission
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