Supplementary Submission No. 136.2
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SUPPLEMENTARY SUBMISSION NO. 136.2 To: Cheryl Scarlett Committee Secretariat Australian federal parliament Joint Select Committee on Cybersafety Inquiry From: Stewart Healley Date: 15th May, 2011 Re: Last Supplementary Submission to Joint Select Committee on Cybersafety Inquiry Hi Cheryl Thank you for your interest and support in looking at the current situation regarding CyberSafety with respect to Cyberbullying. To assist with providing some statistical information on Cyberbullying I have attached a Case Study list of Cyberbullying Offenders in Australia over the period of 2010 to 2011. My Original Case List contained some 22 Cases and I have added to this with a Supplementary Case List (Appendix A), to reveal a Total of 30 Offenders for this same period. I have included some additional and relevant Case Studies from the USA and the UK to help present the broad nature and extent that Cyberbullying now presents. I have also included some relevant information from the UK on the latest involvement of Facebook working with the UK Police actively engaged in Policing the Internet and sending out Warning Notices to Offenders and their Parents when detected of Cyberbullying Behaviour. I have also included some relevant information on the Australian situation and address the fact that at least one Australian Expert, Professor Ken Rigby has acknowledged the fact that: “Prof Rigby said most children tended to grow out of bullying.” “But there is a small group of about 10 per cent who are identified as being extreme bullies in early secondary and they continue, and these are the people we are most concerned about." I would like to point out that this small group of about 10 % of students - need to be streamed into a Police Charge / Caution – Court Diversionary Program – with a Restorative Justice Approach. In my original appraisal of the Cyberbullying among 10 – 18 year olds, I addressed this fact with my original proposal to introduce a “Respect it or Lose it” Restorative Justice Pathway Model. Using Section 474.17 - Using a carriage service to menace, harass or cause offence as an important and necessary “Stop -Time Out” leverage to challenge and change behaviour choices, with a tried and proven approach that supports and encourages Victim, Offender as well as their Families and Supporting Adults and Friends. 1 Since compiling the Case Study for the Period 2010-2011, I have notice the following trends: 1. Queensland leads the way in prosecuting Cyberbullying Offenders as the table shows: South Australia x 0 Offenders Northern Territory x 0 Offenders Victoria x 2 Offenders Western Australia x 2 Offenders Australian Capital Territory x 6 Offenders New South Wales x 8 Offenders Queensland x 12 Offenders Total x 30 Offenders 2. All of the Offenders are ADULTS 3. The Types of social interactions are Typical of both Adult and Teenage situations with the same behaviour patterns used to menace, harass or cause offence to another. 4. Prosecuting Section 474.17 requires the cooperation of the Attorney Generals Department, Magistrate Court Justice Systems, Police Prosecutors, Police High Tech Crime Unit and General Police Members – ALL have worked to PROTECT our Community Members such as Federal Politicians, Ambassadors, Hospital Staff, Church Members, Movie Stars, Pensioners and Adult Victims …………………… When will the same Resources and Support be offered to PROTECT OUR CHILDREN? 5. I have in my original submission on Cyberbullying presented a new view and definition that “Bullying and Cyberbullying are Acts or Comments of Discrimination” Unfortunately, a review of the current Case Study lists shows active community protection for our Adults but NOT for our vulnerable Children. This situation is not only a blatant form of DISCRIMINATION but is helping to reinforce the negative adult message to our children - that the impact of Bullying and Cyberbullying in THEIR World is not “serious enough” to give them access to Community Resources and Support that will protect them. I trust my supplementary information is of use to the Committee’s Inquiry as there needs to be some urgent, coordinated and effective measures implemented in a practical manner to help our vulnerable children, both victims and bullies to negotiate their negative social behaviour choices and encourage the growth of positive citizenship. I hope the actions of Facebook UK and the UK Police in actively Policing the Internet will inspire more commitment from their Australian colleagues, as this action is one of my original 12 Recommendations to the Committee. I am still encouraged to push for more changes to happen in order to combat Bullying and Cyberbullying in our Australian and World Community. 2 A reminder of my original 12 Recommendations include the following: 1. Appoint an Australian National Child and Young Persons Human Rights Commissioner 2. Establish a National Child and Young Persons Human Rights Council 3. Promote the United Nations Convention on the Rights of the Child (1989) 4. Establish a Australian National Cyberbullying 24/7 Helpline and Reporting System 5. Establish a National “Schools Best Practice” Model (with National Safe Schools Framework) 6. Establish appropriate National “Base Line” Legal Framework Laws, starting with the existing Commonwealth Criminal Code 1995 (promote & support a Restorative Justice Pathway) 7. Establish Constructive & Regular Consultation with Teachers, Parents, and Young People 8. Establish Constructive &Regular Consultation with Government, Community, Industry & Interest Groups 9. Establish a National Accredited Bullying & Cyberbullying Training Program for Teachers 10. Establish a National Accredited Bullying & Cyberbullying Training for AFP & State Police 11. Establish a National Accredited Bullying & Cyberbullying Training for Magistrate Court Staff 12. Update the National Child Protection Policy to include Mandatory Reporting of Child Abuse from Bullying and Cyberbullying Incidents. Cheryl, I hope this information helps the Committee’s Inquiry. Kind regards “Good Things Happen when Good Women & Good Men Do Something” 3 Appendix A – Telecommunication Offences – Case Summary 2010 - 2011 Plus - Additional Australian, USA & UK - Cases The Human Faces Behind Cyberbullying Offences an Australian Case Study when “Using a carriage service to menace, harass or cause offence” by Stewart Healley May 2011 1 Telecommunication Offences – Case Summary “Using a carriage service to menace or harass or cause offence” Australian Cases of Cyberbullying: 2010 - 2011 Summary of Original + Additional Cyberbullying Offender List State & Territory Distribution for Period: 2010 - 2011 South Australia x 0 Offenders Northern Territory x 0 Offenders Victoria x 2 Offenders Western Australia x 2 Offenders Australian Capital Territory x 6 Offenders New South Wales x 8 Offenders Queensland x 12 Offenders Total x 30 Offenders 2 Australian Wide State & Territory Distribution - Case Summary List for Period: 2010 - 2011 Case Examples 3 State & Territory Distribution for Period: 2010 - 2011 Examples: South Australia x 0 Offenders Nil Recorded Cases Northern Territory x 0 Offenders Nil Recorded Cases Victoria x 2 Offenders # A3.0 - Unnamed (39) Male – Glenroy man summonsed to court to face four counts of using a carriage service to menace, harass or cause offence, contrary to section 474.17 of the Criminal Code Act 1995.He will face allegations he harassed a federal member of parliament via phone and email. - [11/03/2011] # A4.0 – Shane Anthony Willis (33) - pleaded guilty to multiple charges, including nine counts of aggravated burglary, 31 counts of theft, five of burglary and six of using a carriage service to menace, harass or offend. The serial burglar was in a "drug- induced stupor" when he photographed his penis with mobile phones he stole and sent the images to the owners' contacts. Judge Jane Patrick described the antics as disgusting and offensive "You clearly did not care whether they'd be received by children or elderly people," - [12/11/2010] Western Australia x 2 Offenders # A8.0 – Daniel Paul Belgiovane (29) - accused of sending a sexually explicit text message and photograph to an eight-year-old girl. He was charged with using a carriage service to menace, harass or offend. - [25/02//2011] # 10 - John Desmond Allen (31) – 79 x Phone Calls to Peel Police Station and 500 x Phone Calls to Church of Scientology – 70 calls in one day + Abusive Calls – [03/11/2010] 4 State & Territory Distribution for Period: 2010 - 2011 (cont) Examples: Australian Capital Territory x 6 Offenders # A1.0 – Mitchell Stacey (22) - become the first person in Australia to be sentenced under Commonwealth laws that ban sending indecent material to a child over the internet. Stacey pleaded guilty to two counts of using a carriage service in an offensive manner and two counts of using a carriage service to transmit indecent material to a person he believed to be aged under 16. - [13/05/2011] # 1 - Daniel McDonald (19) - ADFA Cadet – Indecent Act + Skype Broadcast Sexual Act Dylan De-Blaquiere (18) ADFA Cadet – Skype Broadcast Recipient – [30/04/2011] # 8 - Lidija Dumbaloska (37) – Former Girlfriend Macedonian Ambassador – [02/01/2011] # 16 - Murray Colin Stubbs (45) – Ex Teacher - Canberra ACT - Grooming – NZ Police Sting Operation posing as a 14 Year Old Girl. – [05/08/2010] # 22 - Unnamed (19) Male - Canberra used Facebook to threaten another man, that man‘s brother and the brother‘s girlfriend for more than two weeks [?] ……………………………………………………………………………………………………. Relevant - Past