“sexualized online bullying”: why an equality analysis matters

“Sexualized online bullying”:why an equality analysis

mattersJane BaileyClicks & Stones:

Cyberbullying, Digital Citizenship & the Challenges of Legal Response

University of Toronto3 May 2013

jbailey@uottawa.ca

AB v. Bragg Communications

2012 SCC 46

“sexualized online bullying”

limited

slowexpensivepublicity

cyberbullying

anonymity/pseudonymity

meaningfulcollective

misogynyhomophobia

racism

typecast gender conformity

policing

15 year old AB

fake Facebook profile

photo

allegedly preferred sexual activities

appearanceweight

Bragg Communications Inc.

pseudonym

ban on republication

Halifax Herald LimitedGlobal Television

Nova Scotia Supreme Court

denied

evidence

“danger to [her] emotional health”

“physical, emotional or mental”

“embarrassment without additional evidence of

harm was insufficient to displace the need to have

open courts”

“how social networking programs work and how

they can be destructive to the

public and particularly to young persons”

$1500 to the Halifax Herald

$750 to Global Television

Nova Scotia Court of Appeal

$2000 to the Halifax Herald

$1000 to Global Television+ disbursements

Supreme Court of Canada

use a pseudonym

partial publication ban

cost awards

Abella J

AB’s privacy interestand

the open court principle

age

protection

open court principle

“relentlessly intrusive humiliation of online sexualized bullying”

evidence

“reason and logic”

“inherent vulnerability of children”

“objectively discernable harm”

Nova Scotia Task Force on Bullying and

Cyberbullying

loss of self-esteemanxiety

feargreater risk of suicide

“spread widely, quickly and anonymously”

anonymity

“complicate recovery, discourage future disclosures and inhibit cooperation with

authorities”

“If we value the right of children to protect themselves from bullying, cyber or otherwise, if common sense and the

evidence persuade us that young victims of sexualized bullying are particularly

vulnerable to the harms of revictimization upon publication, and if

we accept that the right to protection will disappear for most children without the further protection of anonymity, we are

compellingly drawn in this case to allowing A.B.’s anonymous legal pursuit

of the identity of her cyberbully.”

identity

“relatively unimportant”

identity

non-identifying

win

sexualized bullying

30 monthsuntold # of sleepless

nights

proceed pseudonymously

subscriber information

bully

applaud

Cyber-Safety Act

band aids

react

bad things

one individual vs. another

penalty or remedy

“It may be true that the law cannot make a man love me, but it can stop him from lynching me,

and I think that’s pretty important.”Martin Luther King Jr.

source

inequality

sexualized

ruinous

male performances of heterosexual activity

“sexy”

sexuality

sexual assault

verbal attacks

self expression

inequalities

accountable

discriminatory tropes

vulnerable

“too sexy”

slut

mandatory

anti-oppression education

human rights remedies

egirlsproject.cajbailey@uottawa.ca