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ARTICLE · 22 JANUARY 2015

Cyberbullying/Distribution Of Intimate Images

Borden Ladner Gervais LLP
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Cyberbullying and other forms of harassment are an all too common part of online life.

CanadaMedia, Telecoms, IT, Entertainment
Bradley Freedman
Bradley Freedman
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Cyberbullying and other forms of harassment are an all too common part of online life. In October 2014, Pew Research Center reported that forty percent of adult Internet users have personally experienced online harassment, ranging from name-calling and embarrassment to physical threats, stalking and sexual harassment (www.pewinternet.org/2014/10/22/online-harassment). The Canadian Criminal Code contains offences that can be used to prosecute cyberbullies. In addition, the Criminal Code was recently amended to add a new offence of non-consensual publication/distribution of intimate images.

Criminal Mischief And Harassment

Criminal Code offences of mischief and harassment can be used to prosecute cyber misconduct. In October 2014, the Ontario Court of Appeal issued its decision in R. v. Dewan, a case involving an appeal from a sentence imposed for convictions for criminal mischief and criminal harassment. The criminal mischief conviction related to the accused's

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