Cyberbullying law could punish ‘offensive’ acts published online

An anti-cyberbullying law tabled by justice minister Edward Zammit Lewis, will criminalise “offensive acts” through the use of computers.

The definition is included in a law that the Labour government claims will punish cyberbullying and cyberstalking by including them in the Criminal Code.

But the law defines ‘cyberbullying’ as any acts that are deemed “abusive or offensive” to a person, of which are “abusive or offensive towards the person” through electronic of digital devices.

The proposed law states that anyone accused of cyberbullying would “ought to know that it will cause physical or mental harm to another person, including self harm or arouse apprehension or fear in the other person for his or her own safety or that of any other person, if a reasonable person in possession of the same information would think that the course of conduct would cause any one of the said consequences on the other person on that occasion.”

The law could easily be used to clamp down on freedom of speech that could be prosecuted under the claim that it is “offensive”.

And it is unclear as yet whether the law would punish the implied ‘right to offend’ that comes with freedom of expression, that was historically enshrined in the Handyside case, where the European Court of Human Rights held that the right to freedom of expression also protects expressions that ‘offend, shock or disturb’.

Opposition MP Therese Comodini Cachia mentioned cases where government MPs “bullied” individuals and journalists on the internet, because of their different political leanings. She also said the Bill should not be an excuse to silence those who want to participate in a public debate. “One should not see a return of criminal libel under the guise of cyberstalking or cyberbullying.”

Comodini Cachia called for attention on the need to strike a balance between freedom of speech, and abuse.

The Bill claims to provide victims of abuse on digital platforms, with legal protection. Zammit Lewis said the law shows government intends taking the issue “very seriously”.

“Although everyone has the right to express themselves online, any type of bullying through a digital platform can have a devastating impact on individuals. Therefore, it is of crucial importance that it is properly regulated as this is something that happens on a daily basis,” Zammit Lewis said.

The Bill makes would make persons found guilty of such offences liable to imprisonment for a term of between one and five years, or to a fine not exceeding €30,000, or both. Should the offence be committed against a vulnerable or underage person, it will be increased by one degree.

The justice minister said bullying can cause “physical or mental health to the victims”, including self-harm.

The amendment related to cyberstalking does not apply to conduct engaged in by a person performing official duties for a number of purposes, such as, the enforcement of the criminal law, the administration of any Act, the enforcement of a law imposing a pecuniary penalty, amongst others.

Addressing the House, PN deputy leader David Agius said the Bill had positive aspects, but needed more work. “People who hide behind their screen, whilst probably using a false name and offends people, should be completely stopped from doing so.”

He said the issue of cyberbullying need to be tackled seriously, and tends to attack the innocence of children, in an age of widespread adoption of smartphones and the rise of social media.