Cyber bullies should be prosecuted under Tasmania's criminal code: Law Reform Institute

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Serious cases of bullying, including cyber offences, should be prosecuted under the criminal code, Tasmania's Law Reform Institute has recommended.

Key points: Common bullying behaviours should be covered under the criminal code

Restraint orders should be able to be used against bullying

A 'second tier' of mediation and restorative justice should be developed

The Attorney-General referred the issue of bullying to the institute in response to community concern about a teenager's suicide.

The final report makes 15 recommendations, including creating a criminal offence for the most serious cases of bullying.

It would extend the offence of stalking to include common behaviours such as social exclusion, name-calling, cyber harassment and teasing.

Other recommendations include offering mediation to victims and extending the jurisdiction of the Anti-Discrimination Commissioner to deal with complaints of bullying.

The institute also suggested legislation be introduced to ensure all schools implement anti-bullying policies.

Institute director Terese Henning said 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.

"It can permeate almost any social environment, and can be perpetrated or experienced by anyone.

"The same bullying behaviour that has little or no effect on one individual may be incredibly damaging to another."

Topics: laws, bullying, crime, crime-prevention, tas