Thursday, August 15, 2013

Nova Scotia's awful cyber abuse law

The Nova Scotia law defines cyberbullying:
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:


Alain said...

It sounds exactly like what any one of our Stalinist Commissions/Tribunals (misnamed HRCs) would have written in order to ensure their place on the gravy train funded by taxpayers. But then again NS has an NDP government, so I rest my case.

JR said...

I'm betting a number of provinces will follow suit with similarly misguided laws. It's the new rage.

Richard said...

Redford has said that Alberta will model off of Nova Scotia's new law. Manitoba is up to the same nonsense.

It should keep a lot of lawyers busy.

JR said...