Nova Scotia Enacts Anti-Cyberbullying Law

On August 7, 2013, the Nova Scotia Cyber-safety Act (Act) came into force, the aim of which is to provide new forms of protection to victims of cyberbullying. The Act allows victims, their parents, or the police to apply ex parte to the Court for a Protective Order. A justice of the peace can make a protective order for up to one year that prohibits the cyberbully from communicating about the subject or person, communicating to the victim, or using electronic communication. The Protective Order can also include a provision that confiscates an electronic device or requires an ISP to discontinue the cyberbully’s Internet service. The justice of the peace is permitted to make orders to assist in determining the identity of the cyberbully, where the cyberbully’s identity is unknown. In addition to its other provisions, the Act creates a statutory tort of cyberbullying. A victim can sue a cyberbully for damages arising from the bullying. Interestingly, if the cyberbully is a minor, the victim may also sue the cyberbully’s parents. The parents may be liable unless they can satisfy a reverse onus that shows that they exercised reasonable supervision over the minor who engaged in the cyberbullying and made reasonable efforts to prevent or discourage the minor from cyberbullying. The Act also creates a unit to investigate complaints. Some commentators have questioned whether the protection afforded under the Act is too broad. For example, commentators have questioned whether the sanctions that can be included in a protection order are too strict, especially given that a protection order can be made without a hearing. Commentators have also suggested that the Act’s definition of cyber-bullying is overly broad. The Act defines “cyber-bullying” as:

“any electronic communication through the use of technology…typically repeated or with continuing effect, that is intended or ought reasonably be expected to cause fear, intimidation, humiliation, distress or other damages or harm to another person’s health, emotional well-being, self-esteem or reputation, and includes assisting or encouraging such communication in any way.”

For editorials from Maclean’s, The Toronto Star and The Globe and Mail, follow these links: http://tinyurl.com/m96afuc; http://tinyurl.com/kw94epw; and http://tinyurl.com/k4cy2s5 Summary by: Adam Lis