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Is 'mental bullying' illegal?

  • 15-12-2012 2:51pm
    #1
    tacofries
    Registered Users, Registered Users 2 Posts: 854 ✭✭✭


    Hi,

    I am just wondering is verbal and written (text,comment on a website etc.) illegal?

    In the case of the girls who committed suicide, is the reason that the guards have been unable to make an arrest due to the type of bullying(non-physical) which most likely caused it?

    Thanks,
    Taco


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    tacofries wrote: »
    Hi,

    I am just wondering is verbal and written (text,comment on a website etc.) illegal?

    In the case of the girls who committed suicide, is the reason that the guards have been unable to make an arrest due to the type of bullying(non-physical) which most likely caused it?

    Thanks,
    Taco

    Depends on the amount of communication, but may be covered by this



    Harassment.

    10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

    (2) For the purposes of this section a person harasses another where—

    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

    (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

    (3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

    (4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

    (5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

    (6) A person guilty of an offence under this section shall be liable—

    (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

    (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.

    http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0010.html#sec10

    I find it very interesting that in reply to Internet bullying many people have reacted in a manner that can only be described as bullying, the reaction to the DJ's in Aus a prime example.

    BYW there have been a number of arrests in the UK in relation to online comments by certain people their legislation is similar if I remember.

    May also be covered by this http://www.irishstatutebook.ie/1951/en/act/pub/0017/sec0013.html#sec13

    As reported here http://www.tjmcintyre.com/2008/07/bebo-bullying-and-law.html?m=1


  • #3
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I think the barrier to prosecuting is more to do with the age of suspect offenders and anonymity of the Internet.


  • #4
    tacofries
    Registered Users, Registered Users 2 Posts: 854 ✭✭✭tacofries


    Right, thanks for the replies. It looks like the laws are there so its really just the age of the bullies that is a dis-incentive for them to be used.

    Do you think it would it ever be possible to impose a law which allows the parents of young bullies i.e. under maybe 14 years old, to be forced to pay fines or do community service for their children's bullying actions? I know its not possible at the moment, but would new laws in theory be able to be made in order to enforce it?


  • #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    tacofries wrote: »
    Right, thanks for the replies. It looks like the laws are there so its really just the age of the bullies that is a dis-incentive for them to be used.

    Do you think it would it ever be possible to impose a law which allows the parents of young bullies i.e. under maybe 14 years old, to be forced to pay fines or do community service for their children's bullying actions? I know its not possible at the moment, but would new laws in theory be able to be made in order to enforce it?

    It is possible the UK and other jurisdictions have such (similar) legislation. The issue is establishing causation and other elements needed for something to be a crime. Empowering the Gardai to go and 'have a word' would be a start - community officers do it in the UK. I don't think that happens here but I'm open to correction.

    There could be some avenues open in the civil sphere - I sincerely hope there is an inventive lawyer or tow out there willing to take a punt.

    All this said - as sad as this all is; it's nothing new. If there were easy solutions they would be implemented.


  • #6
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Procrastastudy wrote: »
    It is possible the UK and other jurisdictions have such (similar) legislation. The issue is establishing causation and other elements needed for something to be a crime. Empowering the Gardai to go and 'have a word' would be a start - community officers do it in the UK. I don't think that happens here but I'm open to correction.

    There could be some avenues open in the civil sphere - I sincerely hope there is an inventive lawyer or tow out there willing to take a punt.

    All this said - as sad as this all is; it's nothing new. If there were easy solutions they would be implemented.

    It happens it members usually give a warning that behaviour is not ok. The problem is that a lot of people inc some members don't really understand the issue.

    My problem with UK is that state action can be seen as bullying the case invoking the twitter user who tweeted in a joke he was going to blow up an airport.

    It's a issue that needs lots of education.


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