Cyberbullying is the use of computers, smartphones or other connected devices to embarrass, hurt, mock, threaten, or be mean to someone online. It is a serious problem that affects young people every day, but it can also impact individuals of all ages. Bullying a person using technology, such as social networks, email, forums, online games, blogs, or text messages can be devastating for the victims. It hurts, can have a negative impact on the self-esteem, relationships, and future lives of those involved.
Three out of 10 Canadian youth say they have been cyber-bullied before. Twenty-five per cent of young Internet users report having received hateful documents by email. According to Statistics Canada data, the number of cases of publication or distribution of non-consensual intimate images rose from 726 in 2019 to 1,168 in 2023. The number of sextortion cases reported to the police in Canada has increased by nearly 300 per cent in less than a decade.
Is Cyberbullying a Crime?
The law makes some kinds of cyber behaviour illegal. Cyberbullying can be a crime, depending on the situation and the type of bullying. Here are a few examples of when cyberbullying might be a crime:
• Someone sent you dozens of mean emails. This person is harassing you, and you are afraid for your safety. This behaviour can be considered criminal harassment;
• Someone is spreading lies about another person to ridicule him and ruin his reputation, for everyone to read (on social media platforms). This behaviour can be a crime known as defamatory libel.
• Someone receives threatening text message forecasting immediate or future danger on her person. This behaviour can be considered a criminal threat. It can also be considered extorsion if the threat is being made to obtain money or something else from the victim.
• Someone sends a peer an email strongly suggesting that she should disappear. This behaviour could be the crime of encouraging a person to commit suicide.
• Someone took or received an intimate picture of a peer which is diffused to others. This could be the crime of distri-bution of intimate images. When the pictures are of a minor (a person under 18), this could be the crime of distributing child pornography.
Depending on the conduct of the cyberbully, those involved could be charged with the following offences under Canada’s Criminal Code:
• Sharing intimate images without consent
• Criminal harassment
• Uttering threats
• Intimidation
• Mischief in relation to data
• Unauthorized use of computer
• Identity theft
• Extortion
• False messages, indecent or harassing telephone calls
• Counselling suicide
• Incitement of hatred
• Defamatory libel
• Public incitement of hatred
• Offence against the person and reputation
The method of communication can also influence the severity of the consequences. A single action can be quickly shared on a public online platform, reaching an unlimited audience. As one can see, cyberbullying is not just hurtful — it can have serious legal consequences. A cyberbully can be arrested and face criminal charges, can have his/her devices taken away, have to pay their victims, and may even face jail time. A youth, aged 12 or older, can be charged with a crime in youth court. In addition to facing criminal charges, a cyberbully can be sued in a civil court and ordered to pay damages (money) to the victim. For example, if you post pictures of someone without their agreement, you are violating their right to control images of themselves, and their right to privacy. A court can order you to pay damages to the victim. As this cybercrime is unfortunately growing in number, let’s discuss it some more.
Sharing intimate images without consent
Sharing intimate or sexual images or videos of a person without their consent is a crime. This law is in place to protect privacy and applies to everyone’s privacy and applies to everyone — not just people under 18. Distributing intimate images and videos without the consent of the person in them is a common form of cyberbullying. It often appears as a form of revenge after a fight or breakup. No matter the reason, this kind of cyberbullying can be devastating to a person’s self-esteem, reputation, and mental health. In extreme cases, these acts have played a part in suicidal thoughts and self-harm. Judges have the authority to order the removal of these images from the internet. Anyone convicted of distributing an intimate image without consent could face serious legal consequences. For example:
• They could be imprisoned for up to five years. In the case where the image is of someone under the age of 18 (child pornography), the prison term is minimum one year, to a maximum of 14 years.
• Their computer, phone, or other device used to share the image could be taken away.
• They could be ordered to pay the victim back for the costs involved in removing the intimate image from the internet or elsewhere.
An “intimate image” is defined as an image that depicts a person engaged in explicit sexual activity or that depicts a sexual organ, anal region or breast. Furthermore, the image would have to be one where the person depicted had a reasonable expectation of privacy at the time of the recording and had not relinquished his or her privacy interest at the time of the offence. If the image is of a person under the age of 18, distributing a photo of explicit sexual activity or that shows a sexual organ or the anal region constitutes child pornography, regardless of whether there was an expectation of privacy.
Learn more about privacy and preventing of crime
• Office of the Privacy Commissioner of Canada
Information on Youth Privacy and tools to help advise youth about the relevance and importance of privacy when using digital technologies.
• RCMP’s Centre for Youth Crime Prevention
Provides Canadians with age-appropriate crime prevention messages, information, tools and programs to prevent youth crime and victimization.
Now, the Government of Quebec just announced its intent to crack down on sextortion and the sharing of intimate images without consent. Indeed, the Quebec Minister of Justice, Mr. Simon Jolin-Barrette, tabled in early Fall 2024, the Bill 73 “An Act to coun-ter non-consensual sharing of intimate images and to improve protection and support in civil matters for persons who are victims of violence.” Faced with the explosion of cases of sextortion and sharing of intimate images without consent on social networks, a problem that particularly affects young people, this bill aims to tackle the problem directly at its source through strengthened and simplified civil procedures. Existing procedures for denouncing the sharing of an intimate image can take up to a year. The bill will now allow victims to judicially order those who distribute the image, store it or host it on an Internet site to remove and destroy it immediately, via a court order. As soon as a person becomes aware that an intimate image of him or herself is being circulated without consent, or that someone is threatening to share it, he or she can fill out a form available online or at the courthouse clerk’s office to obtain an order from the Court of Quebec. The victim will thus be able to apply directly to a judge, without first having to serve notice on the opposing party and obtain a low-cost civil protection order to stop the circulation of the image. The judge will have to deal with the application as a matter of urgency and order the diffuser of the image, even if hiding behind a pseudonym, to cease all sharing, destroy it, and deactivate any hyperlink providing access to it. The bill also specifies that minors aged 14 or over may apply for the order on their own or give their consent to another person or organization to do so on their behalf. Under the bill, any person or company, including an Internet intermediary, who fails to comply with an order to remove an intimate image could face fines ranging from $500 to $50,000 per day. Penalties can extend to 18 months’ imprisonment. In addition, failure to comply with a civil protection order will now become a criminal offence. This means that if the offender fails to comply with the order, the victim will be able to file a complaint directly with the police, rather than having to undertake a lengthy and costly contempt of court process.
If You Are a Victim of Cyberbullying
Break the silence. You are not alone. People are there for you, understand what you are experiencing, and are ready to support you so that the pain, shame, anxiety, stop, and these are not yours to bear!
• Talk to an adult you trust (for example, a parent, teacher, older brother or sister). Remember that schools have a duty to act, even if the bullying takes place in cyberspace.
• Contact one of these organizations:
Tel-jeunes – telephone and online support
Kids Help Phone – telephone and online support
Hope for Wellness Helpline – which can arrange for an Inuktitut counsellor to speak by phone or online chat: https://www.hopeforwellness.ca/
Log in to the Positive – tools to prevent bullying in schools and online
Need Help Now – support and advice to stop the spread of sexual pictures or videos
Suicide Action – someone to talk to if you’re considering suicide or know someone who is
Cybertip.ca – advice on internet safety and to report online sexual abuse of children
BullyingCanada – https://www.bullyingcanada.ca: Canada’s wrap-around mental health service for bulllied youth, offering one-on-one work with youth, their parents and local supports.
• File a complaint with the police
• Keep evidence of the acts (e.g. screenshots)
Legal tips aim at explaining to the Nunavik Inuit clientele in a general and broad manner some elements of the law applicable in Quebec and are not legal opinions nor legal advice which can be obtained by contacting private practitioners (lawyer or notary). Makivvik Legal thanks www.educaloi.qc.ca for their input in the preparation of Legal tips.
