3(1)(b) "cyberbullying" means any electronic communication through the use of technology including, without limiting the generality of the foregoing, computers, other electronic devices, social networks, text messaging, instant messaging, websites and electronic mail, typically repeated or with continuing effect, that is intended or ought reasonably be expected to cause fear, intimidation, humiliation, distress or other damage or harm to another person's health, emotional well-being, self-esteem or reputation, and includes assisting or encouraging such communication in any way;Jesse Brown summarizes the law and his objections:
... Ultimately, bullying is in the eye of the bullied. For many, cyberbullying is equal to a negative thing said about them on the Internet. I’ve met restaurant owners who feel they’re being cyberbullied by Chowhound critics.
... [Referring to the above definition] If this is the standard, I don’t know a person who isn’t a cyberbully.
Nova Scotia’s Cyber Safety Act is in clear conflict with our Charter rights to free expression, and I can’t imagine it withstanding a legal challenge on those grounds. But that will take time.
Until then, watch what you say in Nova Scotia, and be very careful not to hurt anyone’s feelings. [And no doubt coming soon in your province.]It looks like Human Rights Commission/Tribunal kangaroo justice Mark II.
Jerry Agar with Anthony Furey: