Criminal Harassment includes numerous different behaviours with the intent to control and frighten the victim. It can cause fear, depression, alienation, isolation, loss of confidence, confusion, powerlessness and hopelessness.
Cyberbullying and the Law
According to Public Safety Canada (2022), cyberbullying is when someone threatens, harasses, embarrasses, or socially excludes an individual through the use of technology. Cyberbullying can take place through phone calls, emails, texts, instant messaging, social networking platforms, blogging sites, and online gaming sites. Due to using technology, cyberbullying provides a sense of anonymity, increases access to the target, and requires less supervision compared to “offline” bullying.
The actions and behaviours behind cyberbullying fall under multiple sections of the Criminal Code of Canada. Depending on the circumstances, cyberbullying can result in penalties, fines, or jail time. Cyberbullying can include the following behaviours and can occur at various levels of severity:
- Teasing/belittling/name calling or rumor spreading.
- Online Harassment: Repeatedly sending offensive, hurtful or threatening messages to an individual by email, text or comments on social media.
- Posting private content or sending embarrassing online without the victim’s knowledge or consent.
- Catfishing or impersonating someone or creating a false identity to deceive another individual.
- Cyberstalking: Online harassment that includes intimidation and/or threats of harm.
- Rating aspects of an individual on a rating site.
Types of Chargeable Offences Related to Cyberbullying
Cyberbullying is a hybrid offence, meaning an individual can be charged with an indictable offence or by summary conviction. Indictable offences come with more serious punishments, like a lengthy prison sentence. A summary conviction is used for lesser offences and may result in community service, fines or a shorter prison sentence.
Publication of Intimate Image Without Consent
Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person without consent, or being reckless as to whether that person gave their consent may be charged with Publication of Intimate Image Without Consent. If you are worried about publication of intimate images/videos without consent, visit these resources:
- Cybertip is Canada’s tipline for reporting the online sexual abuse and exploitation of children. Also, they provide the public with information and other resources, as well as support and referral services, to help Canadians keep themselves and their families safe while using the internet
- Thorn for Parents Adults today need to be equipped to have conversations with their children about safety online, and they need to understand the unique risks when sexual exploration and technology mix. Learn when and how to have conversations about consent and the risks of sharing images. Also, learn what access your child likely has, and things to consider when it comes to monitoring their behavior.
If you verbally threaten someone you could be charged with Uttering Threats. If you compel someone to do something they had the right to lawfully do, or to do anything unlawful you could be charged with Intimidation.
If an individual counsels, encourages or aids a person to commit suicide, whether the suicide attempt was successful they could be charged with Counselling Suicide (actively encouraging someone to engage in self-harm and/or suicide).
Acts of hate, defamation, impersonation, blackmail, the unauthorized use of a computer, and knowingly sending false messages with intent to harm are also covered under the criminal code and subject to prosecution.
Resources for Cyberbullying
For trusted sources of up-to-date information, visit:
