When it comes to cyberbullying and online defamation, the distinction between the two can often be hard to understand. Let’s explore the difference between the two further below;
Cyberbullying
Cyberbullying is a form of bullying (or harassment) using electronic means. This can be done over social media, any online platforms, apps or through a computer/mobile device (and more). Cyberbullying includes sending, posting, or sharing negative, harmful, false or mean content about someone else.
The e-Safety Commissioner website has excellent resources for further guidance on Cyberbullying including:
As well as;
Australian Human Rights Commission
Online Defamation
Defamation is when a person intentionally spreads information about another person, group or business that damages their reputation & encourages others to think less of them. Online defamation is using any online platform to intentionally damage another person’s or business’ reputation.
With tweeting, instagramming, emailing, snap-chatting, facebooking and many other forms of online communication – using any of these platforms allows users to be their own publishers.
If you publish something defamatory by;
- Emailing
- Commenting
- Posting a caption/photo/video/poem/song
- Re-shared/forwarded a post (even if you weren’t the original author)
You could be held liable for online defamation.
Check out our blog article on Social Media and Defamation here.
What Does the Law Say?
Many acts of cyberbullying can become a criminal offence under Criminal Law. It’s imperative you speak to a Criminal lawyer who can advise you further. Cyberbullying can also become an act of defamation and be in breach of Civil Laws that govern defamation.
When cyberbullying involves online defamation, there are steps you can take. The most important one is to contact a lawyer who specialises in defamation and can review the details of your individual case. Gather as much evidence as possible including a timeline of events (and remember there are strict time limits for taking defamation action).
At Litton Legal, we’re experts in Defamation Law. If you need help in this area, contact our friendly team here.
