A Senate committee will consider whether minors should face prosecution as part of an investigation into the adequacy of cyberbullying protections.
Following the death of Adelaide schoolgirl Libby Bell, who died after what her family alleges was years of cyberbullying​ over Facebook, Instagram and Snapchat, Nick Xenophon Team senator Sky Kakoschke-Moore said parents were demanding to know whether the law could play a greater role in preventing bullying.
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Teen sues Victoria's education department
A student is suing the Victorian education department for millions after being subjected to years of homophobic bullying at the hands of fellow class mates.
"One thing that struck me was each time a child dies or harms themselves because of cyberbullying the feeling is there needs to be some sort of justice. I want to explore whether the criminal code, in particular the provision around harassing people online under that provision, will achieve that justice those families are looking for," Senator Kakoschke-Moore said.Â
"People keep saying 'when we were at school the bullying stopped at the school gate, but now it's following children home'. When you're seeing orchestrated campaigns, I think we need to investigate whether that conduct needs to be criminalised."
The Attorney-General's Department and the Department of Communications have been asked to prepare submissions about existing penalties and whether there is any scope to alter the current arrangements.
Senator Kakoschke-Moore said she had been advised of prosecutions under existing legislation but she wanted to know if any of those charged had been minors.
"I want to know if it is appropriate for a child to be prosecuted and whether they should be prosecuted at all," Senator Kakoschke-Moore.
The issue will be examined by the Senate's legal and constitutional affairs committee as part of its inquiry into the adequacy of existing offences in the Commonwealth criminal code and of state and territory cyberbullying laws.
It will report back at the end of November.
Social media giants Facebook, Instagram, Snapchat and YouTube have all been invited to make submissions and to appear before the inquiry.
South Australia's Police Commissioner, Grant Stevens, said last month the state government should consider strengthening legislation to make it easier to prosecute bullies, following the death of 13-year-old Libby Bell.
Victoria introduced Brodie's Law in 2011, five years after 19-year-old Melbourne waitress Brodie Panlock​ ended her life amid humiliating and intimidating bullying by her co-workers.
In the first five years since the law's inception, almost 60 people were charged with more than 140 bullying offences.
Ms Panlock's parents campaigned for the legal change after learning the people who terrorised their daughter could only be convicted under occupational health and safety laws, which allowed for fines but no jail time.
"The suicide of a 13-year-old is unfathomable and if there is anything we as lawmakers can do to help prevent such a tragedy, we should do it," Senator Kakoschke-Moore said.