“sexualized online bullying”: why an equality analysis matters
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“Sexualized online bullying”: why an equality analysis matters. Jane Bailey Clicks & Stones: Cyberbullying , Digital Citizenship & the Challenges of Legal Response University of Toronto 3 May 2013 [email protected]. AB v. Bragg Communications. 2012 SCC 46. “sexualized online bullying”. - PowerPoint PPT PresentationTRANSCRIPT
“Sexualized online bullying”:why an equality analysis
mattersJane BaileyClicks & Stones:
Cyberbullying, Digital Citizenship & the Challenges of Legal Response
University of Toronto3 May 2013
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
