The document, which was issued on Tuesday by the Council of Ministers, looks at whether the Island’s laws sufficiently cover the sending grossly offensive, threatening, false or malicious messages using social networking sites.
It is also asking whether a new offence should be created to tackle the publication of revenge pornography– intimate pictures and videos which are posted online by former partners – which was outlawed by the UK in February.
The consultation could form the basis of new legislation which would make the crimes specific offences.
The move follows a number of high-profile cases in the UK, including last year’s case involving feminist campaigner Caroline Criado-Perez, who was sent abusive tweets by internet trolls Isabella Sorley and John Nimmo when she spoke about introducing a picture of Jane Austen on the UK’s £10 note.
The year before, UK teenager Hannah Smith committed suicide after being abused by bullies on social networking site ask.fm.
Currently, Islanders who send abusive messages online can be charged under the Harassment Law, but prosecutions can be difficult because of the extent of evidence needed to prove that the offences were carried out over a period of time.
There is also no legislation specifically protecting against cyber bullying or revenge porn. In the last few years, harassment cases have been on the rise in the Island – with police recording 93 offences in 2014 compared to 68 in 2012.
Assistant Chief Minister Philip Ozouf said: ‘We remain committed to ensuring that Islanders are protected from harm in their online lives, just as they are offline. In principle, we want to make sure that there is a level playing field, where activities conducted online are held accountable to the same standards as those conducted offline, while always being mindful of the need to preserve freedom of speech.
‘Having spoken to a range of stakeholders, and having seen extensive research on the topic, it is my understanding that adequate legislation is in fact already in place to prosecute harmful online behaviour. However, it is the purpose of this consultation to make sure that all types of harmful behaviour are covered by the law, to ensure that it is fit for purpose, and to explore whether there are more effective ways of tackling this behaviour. ‘
Home Affairs Minister Kristina Moore, who in the lead-up to last year’s election was the subject of a tweet by former St Helier Deputy Nick Le Cornu which appeared to suggest that she had faked her battle with cancer or recovery from the disease, has been involved in the consultation process.
She said: ‘It will hopefully give people more protection. I fully support that and I am looking forward to working with the steering group and helping in the future,’ she said.
‘I don’t have the stats to hand but I think it is something people are aware of and anecdotally I have had conversations with parents about.’
THE mother of a child who was so badly bullied that she was scared to go to school and threatened to self-harm has said she would support any legislation that would allow authorities to crack down on those using the internet to target others.
The woman, who asked not to be named, said her daughter lost faith in her school and in her because there was little they could do to stamp out the problem.
She said the bullying started In the playground but gradually moved to text messages, Facebook and then controversial social media website Ask.FM, which has been linked to teenage suicides in the UK.
And now the mother has said she would fully support a change in law to clamp down on the issue.
‘The abuse was really bad. She was in a really bad, dark place for a while, to the point where she was scared of going to school and talking about self-harm,’ she said.
‘It started when she joined secondary school, so she would have been about 11 at the time. It got so bad she had to move schools in the end. It was an all-girl group that was picking on her and it started in school and then moved to cyber-bullying.
She would get texts or messages on Facebook and abuse through a website called Ask.FM. We had to ask her to get off that.
‘It really affected her education. She was strong at the start but it wore her down and she lost her faith in her teachers and me because we could not help. The school was not very helpful and it took her a lot of time to feel like a teenager again.’
Cyber bullies are just as bad as any bullies. Just because it’s done online doesn’t make it less of an issue. It’s still very serious.
Eve Ozouf
Plenty of cyber bullies on here and other websites too.
Carol Fleet
No need for new laws. Just use the same law that deals with bullies in general. Why does it have to be introduced just because it’s online?
Bruno Melim
What we need to do is raise a generation who is not afraid to fight back….in face to face life and online and as far as online bullying is concerned….what about parental control and just not going back to the site where it happens?
Cate Hamilton
I think its a world wide problem and not just with children, you need look no further than the jersey politics site and at our own states members
Jim Wilkinson
People need educating more on how NOT to become a victim of cyber-bullying. Although the “block” function is there, what’s wrong with the “Off” switch? Ok, it might not solve every case but it might just help.
Paul Winsor
Bullying, full stop, is a widespread problem.
Christian Randolph Robertshaw
Bullying is endemic in Jersey, especially within the States departments!
Chris Grose
