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New Voices/New Laws Report

A youth-friendly summary of our NSW law reform research report!
by The National Children's and Youth Law Centre on 14 November 2012

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Transcript of New Voices/New Laws Report

1. give you meaningful information about the
criminal laws that affect your internet and mobile use New Voices / New Laws the goals... 2. make sure your voices and opinions on these laws are heard New Voices / New Laws key points... New Voices / New Laws New Voices / New Laws New Voices / New Laws New Voices / New Laws New Voices / New Laws New Voices / New Laws who took part... what you've experienced... what you thought... what you said... what we recommended... what do you think of the results? leave a comment and tell us! You:
want and need legal education about the laws that apply to the stuff you do on mobile phones and the internet

say that cyber bullying and sexting should be against the law, but believe that there should be a more appropriate range of responses and penalties available to deal with these issues

think that the penalty should suit the offence, and should take into account the offender's awareness of the law, their history of offending and the seriousness of the harm to the victim

feel that sharing nude/sexy photos of a person without their permission is much worse than exchanging such photos consensually, and think the law should treat these situations differently

believe that people under the age of 18 should never be charged with sex offences or placed on the sex offender register for sexting someone around their own age

say that the age difference in the Commonwealth and state child pornography laws is confusing, and that the age should be 16 for both (with permission) some of you said the laws are fine as they are.



however, many of you said that the penalties are too harsh for young people.



more specifically, many of you said that long gaol sentences and sex offender registry were not suitable for young people.



some of you recommended other penalties or responses.



several of you noted the need for education.



some of you said that a 'victim' of sexting should not face charges...



...but others of you disagreed.



many of you said that sharing sexy/naked photos should be legal if you have the person's consent, but sharing them without permission should be illegal.



several of you said that sexting should be legal at age 16.



finally, a number of you said that the law should take into account other considerations. (or take our 5-question survey @ http://www.surveymonkey.com/s/NewVoicesNewLawsREPORT) page 1 of 7 next up: who took part... page 2 of 7 page 3 of 7 page 4 of 7 page 5 of 7 page 6 of 7 page 7 of 7 how... we met with over 1,000 students in 10 sessions at 8 schools in 7 regions of NSW Wollongong Dubbo Broken Hill Hunter Sydney Tamworth where we
showed a prezi
gave out a survey
talked about sexting, cyber bullying and the law (which you can see @ http://prezi.com/q6aih0jmsrhd/new-voices-new-laws-v5/) 7.4% were younger, older
or didn't say 10.6% were 12-13 42.4% were 14-15 39.6% were 16-17 age gender 55.7% were female 32.6% were male 4% were transgender 7.7% would rather not say 11.6% were Aboriginal
or Torres Strait Islander 11.4% said that they (or their parents) were from a non-English speaking background 5% had disabilities next up: what you've experienced... we asked you to rate the different types of cyber bullying and sexting behaviours from 'very harmful' to 'totally harmless' we asked:
what's the most important change that you'd like to see made to the laws and penalties that apply to sexting and cyber bullying? 378 of you answered... based on what you said, we told law makers that they should:

1. ask and listen to young people when they are making laws, policies and resources about sexting and cyber bullying

2. start a national conversation about the laws on sexting to make sure the laws are alike across Australia (especially with age)

3. change the sex offender registration law to make sure that no person under 18 is ever registered for age-appropriate sexting

4. make sure that sexting between young people who are close in age has a legal defence

5. make sure that young people can't be charged with child pornography crimes without the consent of the Attorney-General

6. change the laws so that they treat consensual sexting differently from non-consensual sexting

7. make guidelines for the police on how they should deal with sexting among young people

8. provide more education and resources about sexting, cyber bullying and the law

9. create new, non-criminal ways to respond to sexting and cyber bullying

10. support research on sexting, cyber bullying and the law we asked: should they be crimes? have other recommendations? your reactions... cyber bullying sexting everybody we asked: has anyone ever... 17% said yes 83% said no number of students types of cyber bullying by gender by age we asked: has anyone ever... stages of sexting number of students cyber bullying sexting cyber bullying sexting we asked: has anyone ever... we asked: has anyone ever... we asked: we asked: types of cyber bullying % of students % of students stages of sexting the most common cyber bullying experience was having something hateful/offensive posted online about you or someone you know -
48.4% of you told us you experienced this the most common sexting experience was
being asked for a photo -
37.1% of you said that you or
someone you know had experienced this increased with age increased with age Those of you who are Aboriginal or Torres Strait Islander were more likely to experience (or know someone who had experienced) sexting and cyber bullying in EVERY category! Those of you from non-English speaking backgrounds were more likely to experience (or know someone who had experienced)
hateful/offensive comments online
being bothered repeatedly online or on a mobile phone
having an online account logged into without permission Those of you with a disability were more likely to experience (or know someone who had experienced) almost every form of sexting and cyber bullying - except for having an online account logged into without permission. next up: what you thought... % of students types of cyber bullying more boys than girls more girls than boys had experienced (or knew someone who had experienced) most kinds of cyber bullying % of students stages of sexting more girls than boys more boys than girls we told you that each of these behaviours CAN be a crime, and asked... 48% said yes 52% said no 38% said yes 62% said no 39% said yes 61% said no 42% said yes 58% said no 37% said yes 63% said no 30% said yes 70% said no 17% said yes 83% said no 56% of girls 38% of boys 46% of girls 38% of boys 40% of girls 34% of boys 40% of girls 32% of boys 15% of girls 18% of boys 39% of girls 27% of boys 28% of girls 29% of boys 15% of girls 17% of boys 54% 49% 44% 38% 43% 45% 49% 57% 42% 39% 40% 55% 38% 57% 17% 23% 37% 50% 30% 39% 17% 27% % of students types of cyber bullying % of students cyber bullying sexting % of students cyber bullying sexting 49% 42% 40% 38% 17% 37% 30% 17% 51% 46% 51% 42% 18% 47% 44% 27% cyber bullying sexting you said that sharing a sexy/naked photo of someone without their permission was the most harmful 71% said it was very harmful followed by taking and sending a sexy/naked photo of yourself 46% said it was very harmful followed by asking for a sexy/naked photo 29% said it was very harmful (or didn't say) you said that sending someone threatening texts or messages was the most harmful 54% said it was very harmful followed by making a fake profile about someone 52% said it was very harmful followed by bothering someone repeatedly 37% said this was very harmful followed by posting or saying hateful/offensive things 33% said this was very harmful followed by logging into someone's account without permission 33% said this was very harmful % of students most of you said each of these actions should be a crime but many said "it depends" 92% said that sharing a sexy/naked photo without permission should be a crime 87% 87% 77% 74% 71% 58% 54% said that asking for a sexy/naked photo should be a crime sexting and cyber bullying behaviours cyber bullying sexting % of students responses 67% said that an apology was always a fair response 55% said that a police caution was always a fair response 50% said that fines or community service were always a fair response when are certain penalties fair? how do these laws make you feel? % of students responses 69% said that an apology was always a fair response 54% said that suspension of internet or mobile service was always a fair response 52% said that school discipline was always a fair response 68.3% of you said knowing that these actions could be crimes makes you less likely to do them 66.3% of you said knowing that these actions could be crimes makes you feel more confident about being able to deal with them if they happen to you next up: what you said... here's what you said... (keep clicking the arrow to go through each page, OR just zoom into the sections you want to read by placing your cursor over them & scrolling up) (except for fake profiles) had been asked (or knew someone who had been asked for a photo) had experienced (or knew someone who had experienced) the other stages of sexting next up: what we recommended... next up: your reactions... I'm pretty happy with the responsiveness of the legal system to the issues of sexting and cyber bullying -16-17 y/o girl, NSW i quite like the laws and penalties in place - anonymous, NSW I believe that all the laws brought up today were legitimate and appropriate - 14-15 y/o girl, NSW The penalties for cyber bullying should be less severe when you are a minor because they can go on and affect you for the rest of your life - 14-15 y/o girl, NSW Make them less harsh but still reasonable if something dangerous happens - 14-15 y/o girl, NSW A few of the penalties that apply are a little harsh for children - 16-17 y/o boy, NSW Under 18s shouldn't be put under the sex offenders & gaol time - 16-17 y/o girl, NSW less or no jail time for kids under 16 or 18 - anonymous, NSW Sexting and cyber bullying should still be punished, however their sentences should be less harsh – community fines, programs - 16-17 y/o girl, NSW Suspension of internet for people who cyber bully - 14-15 y/o girl, NSW Perhaps warnings for two people exchanging under 18 instead of gaol - 14-15 y/o boy, NSW Make the penalties more known - 16-17 y/o girl, NSW More publicity because people are not aware of these laws, I wasn’t. - 16-17 y/o girl, NSW More awareness that it is so common and more education about how harmful it can be - 14-15 y/o girl, NSW I think that for these laws to apply to people under 18 or the ‘victim’ is a bit harsh - anonymous, NSW Don’t charge the victims in situations like these - 14-15 y/o girl, NSW Looser penalties on the person posing for the photo - anonymous, NSW People who willingly send the photo should be prosecuted. They didn’t have to send it! - 14-15 y/o girl, NSW Victims, (the person who takes a sexy/naked photo) should be charged as much as the person asking for the photo depending if they threatened them about not sending it - 14-15 y/o girl, NSW If they take a picture of themselves and send it they should get a penalty - 14-15 y/o girl, NSW An intimate couple should be allowed to send each other photos! But definitely should be dealt with if shared around! - 16-17 y/o girl, NSW If people who both agree to it, should not be a crime - 16-17 y/o girl, NSW if they send you a pic, that you agree with, it should not be a crime if it stays with them only - 14-15 y/o boy, NSW 8 students said that sexting should be legal at age 16... teens over 16 should have more legal rights - anonymous, NSW you can't be charged with child pornography if you are the legal age to have sex (should be the same age) and if you are the person taking the photo - anonymous, NSW if your 16 and want to sext you should be legally able to as it legal for 16 yos to have sex - 16-17 y/o girl, NSW 23 students said the law should take into account other considerations... To consider other aspects such as age and whether they will repeat the crime if they more formally warned - anonymous, NSW penalties should depend on the relationship - 18+ y/o boy, NSW Each person’s rights and opinions are regarded and taken under consideration - 14-15 y/o girl from NSW And we realised that young people’s use of mobile phones and the internet can get them in big trouble with the law - especially when it comes to ‘sexting’ and ‘cyber bullying’. background... Over the past few years, we have been contacted more often by young people who want to know about their legal risks, rights and responsibilities online. Last year, we created fact sheets to help young people in NSW manage some of the most common legal risks they face on social media. Dear Lawmail,
Help! Someone has set up a FB page about me... http://www.lawstuff.org.au/nsw_law/topics/article7 Albury Teenagers shouldn’t get put on sex offenders - 16-17 y/o girl, NSW 34 of the students who commented said the laws are fine as they are... but 62 students said that the penalties were too harsh for young people... 28 students said long gaol sentences and sex offender registry are not fair for young people... 19 students recommended other punishments or responses... 27 students noted the need for education and awareness... 20 students said that a 'victim' of sexting should not
face charges... but 18 students said that they should be charged... 28 students said that sharing photos with permission should be legal...
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