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Commons
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Should cyberbullying be criminalized or would that infringe on freedom of speech?
March 11, 2009 - 11:48 AM
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One side of the argument is that adding cyberbullying to the criminal code would help prevent children from becoming online bullies, and would also more adequately protect online victims. However, others argue that making cyberbullying punishable by law is an infringement on freedom of speech.
Jeffrey Shalit from Electronic Frontier was quoted saying, "Freedom of speech protects the thought we hate just as much as the thought we like...we know in societies where they don't allow freedom of speech that the consequences are much worse."
What are you in favor of?
This post was edited on: 2009-03-11 at 11:49 AM by: KiwiCommons
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Ayodeji Dikio
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Re: Should cyberbullying be criminalized or would that infringe on freedom of speech?
March 20, 2009 - 05:55 PM
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Freedom of Speech is a very tricky thing. You are allowed to say whatever you want...as long as it does not infringe upon another person's rights. In other words, you are not free to say anything you like. That makes it easier for cyber bullying to become a criminal offense.
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Omar ibn Anjum
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Re: Should cyberbullying be criminalized or would that infringe on freedom of speech?
March 22, 2009 - 12:57 PM
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It should be an offense because Freedom of Speech doesn't even exist and so infringing upon it isn't anything wrong.
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Elizabeth Wilson
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Re: Should cyberbullying be criminalized or would that infringe on freedom of speech?
March 23, 2009 - 10:29 AM
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Freedom of speech does exist and is recognized as a human right under the Universal Declaration of Human Rights and in international human rights laws, but I agree with Ayodeji. Given all the contingencies of the right, it does make the concept - "freedom of speech" ironic.
One possible restriction on freedom of speech is "hate speech", which may justifiably lead to legal action.
There are arguments regarding what principles should govern freedom of speech and be used as the legal basis for establishing criminal prohibition.
People like John Stuart Mill believe that the harm principle should be the only grounds for legal penalties, where what is accounted for is how the victim was affected by the other person's conduct. The offense principle, he finds too irresolute as what offends people is subjective and subject to prejudice.
People like Feinberg however, feel the offense principle as a basis for establishing what would warrant a legal penalty is sufficient because there are certain offenses that are unquestionably offensive based on societal morals and that actions that cause harm should be given just a greater penalty.
So now my question has evolved more specifically to, with cyberbullying, what should be the basis for determining when to take legal action? Should it be based on what is generally found to be offensive, or should it be based on something greater - harm committed? Or should we delve in the grayer areas before establishing something as a criminal offense such as the motive of the offender, the intensity, the duration etc.?
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Ayodeji Dikio
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Re: Should cyberbullying be criminalized or would that infringe on freedom of speech?
March 23, 2009 - 02:02 PM
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Its hard to give an answer, because it is extremely difficult to draw the line. If the system does not take action until harm is causes, innocent people will suffer. The hard part is determining when to take action. Punishing people before they commit crimes will be unfair to those who really had no intention of hurting anyone.
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Commons
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Re: Should cyberbullying be criminalized or would that infringe on freedom of speech?
March 24, 2009 - 01:58 PM
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I agree. It is hard to know where exactly to draw the line and figure out what actions need to be criminalized. I think I agree with Feinberg's stance on the offense principle and consider a range of factors when deciding what and how something should be criminalized.
According to him, what should be considered is: "the extent, duration and social value of the speech, the ease with which it can be avoided, the motives of the speaker, the number of people offended, the intensity of the offense, and the general interest of the community at large."
All of the above should be used as measures. If cases get frequent news coverage where online misconduct led to a criminal sentence detailing the violation, it will serve as a warning sign and preventative measure for others.
This post was edited on: 2009-03-24 at 02:05 PM by: KiwiCommons
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Rosie
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Re: Should cyberbullying be criminalized or would that infringe on freedom of speech?
April 7, 2009 - 02:25 AM
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The International Global Youth Congress has put together the 'Children and Young Person's Global Online Charter'. You can download a copy of the pdf from the link.
IYAC, the International Global Youth Congress website has more information for young people on the issues of young people and use of the internet.
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