Interestingly, in Australia, the government are proposing to deal with the

problem of cyberbullying and "sexting" by expanding the definition of

sexual harassment under the Sexual Discrimination Act:

http://www.theage.com.au/technology/technology-news/teenagers-to-get-powers-to-fight-sexting-bullying-20100508-ul2r.html

Students under the age of 16 will be able to sue, provided perpetrators

are over the age of 16.

Kind regards, Katy

> On this particular question members may also be interested in this

> recent decision of the Supreme Court of South Africa, Le Roux v Dey,

> which has some fairly memorable facts (Le Roux v Dey [2010] ZASCA 41)

> http://www.saflii.org/za/cases/ZASCA/2010/41.html

>

> Hector

>

> --

> Hector L MacQueen

> Professor of Private Law

> Edinburgh Law School

> University of Edinburgh

> Edinburgh EH8 9YL

> UK

>

> Currently working at the Scottish Law Commission tel: (UK-0)131-662-5222

>

>

> Quoting Andrew Tettenborn <A.M.Tettenborn@exeter.ac.uk>:

>

>> On 11/06/2010 18:36, Jason Neyers wrote:

>>> Dear Colleagues:

>>>

>>> Would the Protection from Harassment Act 1997 be wide enough to protect

>>> a person from teenage cyber-bullying in the form of posting

>>> embarrassing

>>> pictures and demeaning comments about another teenager on the web as a

>>> form of revenge for some perceived slight?  I am thinking of the kind

>>> of

>>> behavior that does not involve threats of physical violence. Does

>>> anyone

>>> know of any cases dealing with this issue?

>>>

>>> Cheers,

>>>

>>>

>> My guess is Yes, provided there's a "course of conduct." I have a

>> memory of a case in the English papers a few years ago when a jitled

>> boyfriend actually went to jail under the harassment legislation for

>> posting lewd pictures of his ex on the Net as a matter of revenge.

>>

>> Best

>>

>> Andrew

>>

>> --

>> Andrew M Tettenborn

>> Bracton Professor of Law, University of Exeter

>>

>>

>>

>> Snailmail:

>>

>> Law School

>> University of Exeter

>> Rennes Drive

>> Exeter EX4 4RJ

>> England

>>

>>

>> Phone:

>>

>> Tel:             01392-263189 (int +44-1392-263189)

>> Fax:             01392-263196 (int +44-1392-263196)

>> Cellphone:       07870-130528 (int +44-7870-130528)

>>

>>

>>

>> LAWYER, n.

>> One skilled in circumvention of the law. (Ambrose Bierce, 1906).

>

>

>

> --

> The University of Edinburgh is a charitable body, registered in

> Scotland, with registration number SC005336.

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>