View From the Legislature

Last week I introduced in the Manitoba Legislature Bill 214, The Cyber-bullying Prevention Act. The Act is intended to provide some power to those who are being cyber-bullied and who need protection from those who are tormenting them.

Under this legislation, those who are being cyber-bullied, which is usually a repeated act causing fear, humiliation or intimidation through electronic communication, can seek a protection order against those doing the bullying. The protection order can provide for the seizure of equipment used to cyber-bully as well as no contact provisions. The legislation also creates a civil offence of cyber-bullying to allow for financial compensation where harm has resulted from acts of cyber-bullying.

It is important to note that no legislation will eliminate cyber-bullying and no legislation replaces the importance of parental involvement in the lives of youth that fosters respect and compassion for all people. But, there are elements of effective cyber-bullying legislation that can have an impact.

The first of these elements is empowering the victim. Allowing those who are being cyber-bullied to apply for protection orders returns some power to those who often feel they have no recourse. Bill 214 would allow youth as young as 16 to apply themselves for a protection order and those younger than 16 could do so with the assistance of a parent or guardian.

The other element that is essential is providing police the tools to take action. Under the legislation after reviewing the sworn evidence a court could grant an order that would prevent the individual cyber-bullying from having access to electronics. It provides police the power to remove these devices if a court finds that the cyber-bullying would continue otherwise.

The legislation also places an onus on parents to act when they know that a child in their care is engaged in cyber-bullying. Too often in cases of cyber-bullying, including those cases that result in the loss of life, a parent or guardian is aware that their child is engaging in cyber-bullying. Parents who are aware that the activity is taking place and who fail to act can themselves be found responsible if they fail to act.

These three elements; empowering victims of cyber-bullying, providing police the tools to take action and ensuring that there is parental responsibility are important in effective legislation. And they are three aspects that are completely absent from legislation on cyber-bullying that has been introduced by the NDP government.

Cyber-bullying can be particularly devastating to youth and others because it can be 24 hours a day. It is difficult to have any control over because often it happens outside the school environment. Bill 214 attempts to return some power to those who feel powerless. I look forward to working with all members of the Legislature to see the legislation passed.