Document Type
Article
Publication Date
2015
Keywords
Cyberbullying, Online Harassment, Privacy Law, Charter, Equality, Schools, Students, Role and Limits of Law, Government Responses, Legal Processes, Restorative Justice, Privacy, Free Speech, Liberty, Equality
Abstract
This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among the key legal concepts that will be explored are privacy, free speech, liberty, and equality. These are the cornerstones of Canada’s constitutional framework and striking the proper balance between them is a challenging and complex business.
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Recommended Citation
A Wayne MacKay, "Law as an Ally or Enemy in the War on Cyberbullying: Exploring the Contested Terrain of Privacy and Other Legal Concepts in the Age of Technology and Social Media" (2015) 66 UNB LJ 3.
Publication Abbreviation
UNB LJ
Included in
Constitutional Law Commons, Courts Commons, Dispute Resolution and Arbitration Commons, Human Rights Law Commons, Internet Law Commons, Juvenile Law Commons, Law and Society Commons
