Online violence: How can teachers intervene?

Article

Inappropriate behaviours on the internet and social media such as threats, harassment, extortion, and hate seem to be a growing phenomenon. As a teacher, some of your students or colleagues could confide in you that they have been on the receiving end of such actions.

All schools are legally required to have an anti-bullying and anti-violence plan in place to ensure that staff members are able to protect students from online violence. This plan must also include consequences for students who engage in these types of behaviours.

Do you know what you can and cannot do online and which behaviours are considered criminal? In this information age, these concepts are extremely important because anyone age 12 or older can be charged with a crime for the illegal behaviours they engage in—whether in real life or online. While many behaviours are considered unacceptable in our society, not all of them are criminal. It is not up to you to determine whether a crime has been committed. Rather, it is the responsibility of the police to assess the situation.

The most common crimes committed online

Action taken Details
Making certain threats A threat is criminal if the victim has reason to believe that someone will carry it out and harm a person or an animal or destroy property.
Criminal harassment Criminal harassment is when someone behaves in a way that makes the victim feel that they, or someone they know, is not safe.
Extorsion Extortion means using force or threats to obtain something from the victim. For example, “send me more intimate pictures of you, or I will send the ones I already have to your parents.”
Sharing intimate images
  1. Sharing intimate images of a minor is always a crime. Anyone who does so can be charged with the production and distribution of child pornography.
  2. Sharing intimate images of an adult without consent is also a crime. Anyone who does so can be charged with the non-consensual distribution of intimate images.
Inciting hatred It is illegal to threaten violence or incite others to violence against an identifiable group of people (based on religion, ethnicity, sexual orientation, etc.).

 

 

 

What to do if someone believes they are a victim of an online crime?

Here is some information that might help you support your students or colleagues. Teachers must do the following:

  • Follow their school’s anti-bullying and anti-violence plan.
  • Report all situations that put a child’s safety or development at risk to the DYP. The report is confidential.

A person who is a victim of a crime can file a complaint with the police. If charges are laid, a criminal and penal prosecutions attorney (formerly known as a Crown prosecutor) will represent the government in a trial against the accused. The victim may testify in a criminal trial, but is not a party to the trial.

The victim can also file a civil suit, which entails starting separate legal proceedings to be compensated if the criminal act caused them harm. This would be the case, for example, if a person received criminal threats that caused them so much distress they could no longer attend school or work.

What to do if someone believes they are a victim of defamation

Defamation involves harming another person’s reputation by spreading false rumours about them, as an example. Even spreading true information for the purpose of ridiculing, humiliating, or exposing someone to hatred or contempt may also be considered defamation.

If an adult in the school witnesses defamation, they must follow the school’s anti-bullying and anti-violence plan. In most cases, the situation must be reported to school officials.

The adult witness may also meet with the student and explain the consequences their actions could have for the victim and themself. After all, section 22 of the Education Act states that a teacher must contribute to the educational and personal development of students and “take the appropriate means to foster respect for human rights in [their] students.”

The right to protection of reputation is enshrined in the Quebec Charter of Human Rights and Freedoms. A person who believes they are a victim of defamation may bring civil proceedings to put an end to the harmful actions and to seek monetary compensation if applicable (e.g., if they lost their job due to defamation).

In some cases, defamation can also be a crime (defamatory libel).

Tips and tools

The law can be hard to interpret sometimes!  Éducaloi is working to demystify legal concepts with resources like their guide Bullying and the Law: What You Need to Know.

Note:  The information in this article is sourced from the Éducaloi teaching guide Internet and the Law. It is designed to be used by teachers who do not have a background in law and is available free of charge.

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Writing : Kim Bélanger-Baillargeon

A former high school history and geography teacher, Kim is in charge of improving Éducaloi’s pedagogical materials and creating new activities for teachers. Among other things, she manages content published on educationjuridique.ca, the Éducaloi platform fully devoted to legal education. Kim is also involved in developing the organization’s broader vision of legal education and coming up with a strategy to ensure Quebec residents of all ages are well informed.

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