The current nature of social media and, more broadly, the Digital Age, continues to create challenges for legislators and law enforcement officials alike. One such challenge arises in the cyberbullying context, where intimate (or otherwise private) images are uploaded to the Internet. These files can be copied, forwarded and shared instantaneously, making them seemingly impossible to delete retrospectively. There have been developments in both common law in statute.
In the recent decision of the Nova Scotia Supreme Court of Crouch v Snell, the Court struck the Cyber-Safety Act, finding it to be unconstitutional. Specifically, the Court held that the Cyber-Safety Act violated section 2(b) (freedom of expression) and section 7 (the guarantee of life, liberty and security of the person) of the Charter of Rights and Freedoms. What impact does the Crouch v Snell decision have on the Federal cyberbullying laws?
The recent tragic death of the legendary actor and comedian Robin Williams is one such example. Mr. William’s suicide was not a result of cyberbullying. Rather, it resulted in cyberbullying – of Mr. William’s grieving daughter, Zelda Williams.