Cyberbullying, a pervasive and insidious form of harassment in our increasingly digital world, inflicts profound and lasting damage. While the immediate impact is often emotional and psychological distress, the consequences can extend to physical ailments, social isolation, academic and professional setbacks, and even financial burdens.
This blog examines the multifaceted nature of cyberbullying in Ontario, exploring the legal avenues available to those affected, the crucial support resources that can aid in recovery and healing, and the long-term impact this form of harassment can have.
Cyberbullying: Definition and Forms
Cyberbullying is defined as the use of electronic communication technologies—including the internet, social media platforms, email, text messaging, instant messaging, online gaming platforms, and other digital spaces—to intentionally harm, harass, intimidate, threaten, or humiliate another individual. This harmful behaviour can manifest in various forms:
- Harassment: Repeatedly sending offensive, insulting, or threatening messages. This can include text messages, emails, social media posts, and other forms of digital communication intended to intimidate, cause distress, or create a hostile online environment.
- Denigration: Spreading rumours, gossip, or false information online to damage someone’s reputation. This can involve sharing private information, manipulating images or videos, or creating fake profiles to spread malicious content.
- Impersonation: Creating fake profiles or accounts to impersonate someone and post damaging content. This can compromise an individual’s identity, relationships, and online presence, causing significant distress and reputational harm.
- Cyberstalking: Repeated harassment and monitoring that causes fear or safety concerns. It often involves online tracking, threats, intimidation, and unwanted contact, creating a sense of constant surveillance and fear for personal safety.
The Wide-Ranging and Interconnected Effects of Cyberbullying
The impact of cyberbullying extends far beyond fleeting moments of online harassment. It can have profound and lasting consequences on an individual’s well-being, affecting multiple interconnected dimensions of their life. Recognizing the interconnectedness of these effects is crucial; for example, emotional distress can lead to physical symptoms, which in turn can impact academic or professional performance and potentially result in financial strain. The severity and specific combination of these effects will vary depending on the individual, their support system, and the specific circumstances of the cyberbullying.
Mental, Emotional, and Physical Health Impacts of Cyberbullying
The emotional, psychological, and physical injuries inflicted by cyberbullying are often crippling, and can have long-term consequences:
- Emotional Distress: This encompasses a spectrum of negative emotions, including intense sadness, persistent anger, chronic fear, overwhelming shame, deep humiliation, debilitating embarrassment, and persistent feelings of guilt. These emotions can significantly disrupt daily life, affecting sleep, appetite, and the ability to engage in normal activities.
- Anxiety Disorders: Cyberbullying can trigger or exacerbate various anxiety disorders, such as generalized anxiety disorder, social anxiety disorder, and panic attacks, leading to chronic worry, fear of social situations, and debilitating panic episodes.
- Depression: Cyberbullying can contribute to or worsen depressive disorders, leading to persistent feelings of hopelessness, worthlessness, loss of interest in activities, and persistent sadness. In severe cases, it can lead to suicidal ideation and attempts, highlighting the devastating potential of this form of harassment.
- Post-Traumatic Stress Disorder (PTSD): In particularly severe instances, cyberbullying can lead to PTSD, a condition characterized by flashbacks, nightmares, hypervigilance, avoidance of triggers related to bullying, and difficulty regulating emotions. This can significantly impair an individual’s quality of life and require professional treatment.
- Sleep Disturbances: Insomnia, nightmares, and restless sleep are frequent consequences of the anxiety and fear associated with online harassment, further contributing to fatigue and other health problems such as fatigue, exhaustion, etc.
- Changes in Appetite: Some individuals may experience a loss of appetite due to stress, while others may turn to overeating as a coping mechanism, potentially leading to unhealthy weight fluctuations and related health issues.
Social and Relational Damage
Cyberbullying can severely damage an individual’s social life and relationships:
- Social Withdrawal and Isolation: Individuals may withdraw from social activities, both online and offline, seeking to avoid further harassment or anxiety associated with social interaction. This can lead to increased isolation and a diminished sense of belonging.
- Difficulty Forming and Maintaining Relationships: The experience of cyberbullying can erode trust and confidence in others, making it difficult to form new relationships or maintain existing ones. Individuals may become hesitant to share personal information or engage in social interactions for fear of further harassment or betrayal.
- Damage to Reputation and Social Standing: Spreading rumours, lies, or embarrassing information through cyberbullying can significantly damage an individual’s reputation and social standing within their social circles, school, workplace, or the broader community. This can lead to social ostracization, exclusion, and difficulty reintegrating into social groups.
Financial Strain
Cyberbullying can impose a substantial financial burden on those affected, adding another layer of stress and hardship to an already difficult situation:
- Costs of Therapy, Counselling, and Medical Treatment: Addressing the emotional, psychological, and physical consequences of cyberbullying often necessitates professional intervention, leading to significant expenses for therapy, counselling, psychiatric care, and medical treatment. These costs can be ongoing and place a significant financial strain on individuals and their families.
- Lost Income Due to Missed Work or School: If the distress caused by cyberbullying results in missed school or work, individuals and their families may experience lost income, further compounding their financial difficulties.
- Legal Fees and Related Expenses: Pursuing legal action against cyber bullies, whether through civil lawsuits or human rights complaints, can incur substantial legal fees and other related expenses, such as court filing fees, expert witness fees, and investigation costs.
Legal Recourse for Those Affected by Cyberbullying
The legal system in Ontario offers several avenues for addressing cyberbullying and seeking redress for the harm caused. Understanding these options is crucial for those affected and their families.
1. Pursue Civil Action for Compensation (Personal Injury Claims)
Individuals affected by cyberbullying can pursue civil actions against those responsible for the harmful conduct, seeking financial compensation for their damages. These damages can encompass a wide range of harms, including:
Emotional Distress and Psychological Injuries
Compensation can be sought for emotional pain, suffering, anxiety, depression, PTSD, and other mental health conditions resulting from cyberbullying.
Financial Losses
Compensation can be sought for financial losses directly resulting from cyberbullying, such as the cost of therapy or medical treatment, lost income due to missed work or school, and other related expenses.
Several legal grounds can be used in pursuing a civil action.
Defamation
If the cyberbullying involves spreading false and damaging information that harms an individual’s reputation, they may have a claim for defamation. Libel refers to defamatory statements in written or published form (e.g., online posts, articles, social media posts), while slander refers to spoken defamatory statements. To succeed in a defamation claim, the affected individual must prove that the statements were in fact defamatory (lowering the person’s reputation), the communication referred to the the person in question, and the statements were communicated to at least one other person.
Intentional Infliction of Mental Distress
This tort applies when someone intentionally engages in extreme and outrageous conduct that is calculated to cause harm, resulting in a visible and provable illness or psychological injury. Cyberbullying, if sufficiently severe and persistent, can meet this threshold if it causes significant emotional distress that manifests in physical or psychological symptoms, such as anxiety, depression, or PTSD.
Negligence
In certain cases, individuals affected by cyberbullying may pursue legal action against third parties, such as schools, employers, or social media platforms, for negligence if these parties had a duty of care to prevent or address cyberbullying and failed to take reasonable steps to do so. For example, a school might be held liable if it knew about severe cyberbullying occurring among its students and failed to implement adequate anti-bullying policies or interventions. Establishing negligence requires proving that the third party owed a duty of care, breached that duty, and that this breach directly caused the harm suffered.
2. Report Cyberbullying to Law Enforcement (Criminal Code of Canada)
Certain forms of cyberbullying can constitute criminal offences under the Criminal Code of Canada. Reporting these offences to law enforcement can lead to criminal charges and prosecution:
- Criminal Harassment (Section 264): This offence prohibits repeated harassing conduct that causes an individual to reasonably fear for their safety or the safety of someone known to them. Cyberbullying that involves repeated threats, stalking, or other forms of harassment that create fear can fall under this provision.
- Defamatory Libel (Section 298(1)): A defamatory libel is a matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule or that is designed to insult the person of or concerning whom it is published.
- Non-consensual Distribution of Intimate Images (Section 162.1): Often referred to as “revenge porn,” this offence prohibits distributing intimate images of a person without their consent. This is a serious offence with significant legal consequences.
3. Utilize School-Based Resources (Education Act)
Under Ontario’s Education Act, school boards are mandated to have policies and procedures addressing bullying, including cyberbullying. This legislation is critical in creating safe and supportive learning environments within schools. Schools are expected to take proactive steps to prevent bullying, intervene promptly when incidents occur, and provide support services to those affected. Students experiencing cyberbullying within the school context should report incidents to school staff, such as teachers, principals, or counsellors. Schools should provide disciplinary measures against perpetrators, mediation services for involved parties, and access to counselling and other support services.
4. File a Human Rights Complaint (Ontario Human Rights Code)
If the cyberbullying is based on a protected ground under the Ontario Human Rights Code (e.g., race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability), a complaint can be filed with the Human Rights Tribunal of Ontario (HRTO). The Code prohibits discrimination and harassment based on these protected grounds, and cyberbullying that targets an individual because of one of these characteristics can constitute a violation. If the HRTO determines that discrimination or harassment occurred, it has the authority to grant various remedies, including financial compensation for the resulting harm, such as emotional distress and related mental health impacts.
The Importance of Seeking Legal and Professional Guidance
Navigating the complexities of cyberbullying and its legal implications can be challenging and emotionally taxing. Anyone affected by cyberbullying should seek legal advice from a qualified lawyer with expertise in personal injury, human rights, and other relevant areas of law.
A personal injury lawyer can assess the specific circumstances of the case, determine the most appropriate legal avenues to pursue, and provide guidance throughout the legal process.
Trusted Personal Injury Lawyers Servicing Ottawa, Eastern Ontario & North Bay
Cyberbullying is a serious issue with potentially devastating consequences. The legal system in Ontario offers several avenues for seeking redress and holding perpetrators accountable. At Tierney Stauffer LLP, our experienced personal injury lawyers help you navigate the complexities of the legal process and pursue fair compensation so you can focus on supporting a loved one, or yourself, through recovery and healing.
Tierney Stauffer LLP proudly serves clients in Ottawa, Cornwall, Kingston, North Bay, and the surrounding areas. To schedule a confidential consultation, please call 1-888-799-8057 or contact us online.