CIVIL LIABILITY FOR NEGLIGENCE: AN ANALYSIS OF CYBERBULLYING POLICIES IN SOUTH AUSTRALIAN SCHOOLS

Abstract

Cyberbullying is a form of covert bullying that affects the lives of young people and adults alike. Empirical evidence suggesting that the effects of cyberbullying may lead to protracted mental harm highlights the need for schools to take a proactive stance against this form of bullying. This article looks specifically at the effectiveness of the anti-bullying policies implemented by South Australian school authorities in order to comply with their legal duty of care in negligence. Part I introduces the topic of cyberbullying, while Part II explains a school’s legal liability for instances of cyberbullying and identifies the requisite need for anti-bullying polices. In addition, Part III highlights the need for a multifaceted approach to reduce the occurrence of cyberbullying that recognises the important roles played by parents and student bystanders. This section concludes by providing specific recommendations on how anti-bullying policies should be implemented. The article argues that while school authorities may bear legal liability for instances of cyberbullying, schools cannot effectively implement anti-bullying policies without forming a partnership with the whole school community.