CRM303 Week 10 - Online Harassment

MU Online Harassment

Author: Dr. Michael Wilson, Murdoch UniversityContact: michael.wilson@murdoch.edu.au

Case Study - R v Murtagh [2022]

Defendant:

Jason Murtagh (51) - Nightclub manager at Fly By Night, Fremantle, Australia.

Background:

After losing his job due to the COVID-19 pandemic, Murtagh engaged in online role-playing, adopting the persona of "Woden the Bogan" on Gab.com—a platform known for its liberal policies on free speech that often hosts extremist content.

Posts:

Between April 24 and August 17, 2020, Murtagh's online activity consisted of sharing racially offensive memes and engaging in posts that included violent rhetoric aimed at various racial groups, contributing to an environment of racial hostility. This activity reflects a significant trend in online harassment, where anonymity allows individuals to express extreme views often unchallenged.

Conviction:

Murtagh was convicted for conducting actions likely to incite racial animosity. He received a sentence of 15 months imprisonment, which was suspended, along with a mandate to participate in a substance abuse program as part of his rehabilitation efforts.

Identity:

Notably, Murtagh is openly gay, a fact that his family and friends were unaware of at the time of his online activities. This adds a complex layer to the case, illustrating the often-hidden dimensions of identity within online harassment.

Relevance:

This case is significant as it tests Australia's legal framework governing online racism and the regulation of hate speech in digital spaces. It poses essential questions about freedom of speech, the responsibility of platform operators, and the implications of social media usage in fostering extremism.

Topics Overview

The following topics are key components of the discourse surrounding online harassment and violence:

  • Inchoate Offences: Incomplete or preliminary crimes where an individual may be held liable for intentions rather than completed acts.

  • Doing Things with Words: Examining how speech can impact actions and convey various meanings.

  • Hate Speech and Harassment: Understanding the legal definitions and consequences of hate-driven communication.

  • Inciting Suicide: The role of online forums in normalizing harmful behaviors and the legal considerations surrounding them.

  • Targeted Harassment, Cyberbullying, and Cyberstalking: The dynamics and implications of these behaviors as they occur in a digital context.

  • Image-Based Sexual Abuse (IBSA) and Voyeurism: Non-consensual sharing of intimate images and associated legal frameworks.

  • Online Extremism and Cyberterrorism: The growing threats posed by extremist ideologies proliferating through digital means, alongside tactics facilitating terrorism through technology.

  • Digital Semiotics: Understanding the symbolism and meanings conveyed in online communications and their effect on user engagement.

Cyber-Violence

Definition:

Cyber-violence refers to the act of sending or accessing harmful materials via the internet, creating a hostile online environment.

Similarities:

Acts of cyber-violence bear comparisons to traditional forms of assault, battery, and harassment, particularly in the context of emotional and psychological harm inflicted on individuals.

Regulated Behaviours:

Several key behaviours are regulated due to their harmful nature, including:

  • Child grooming

  • Stalking

  • Harassment

  • Threats

  • Group vilification

Data Types:

Cyber-violence can encompass various data types such as textual or audio-visual content, and interactions can be synchronous (real-time) or asynchronous (delayed).

Inchoate Offences

Overview:

This section introduces concepts related to preliminary crimes, outlining the legal foundations that establish criminal liability even when a crime is not fully realized.Dynamic discussions cover important jurisprudence surrounding these offences, allowing for a nuanced understanding of intent versus action in criminal law.

Quote Context

This section addresses the political ramifications and implications surrounding judicial selections, dredging into the impacts of policy decisions on law enforcement and community safety.

Conclusion

The structure of these elements paints a comprehensive picture of the complex interactions between online behavior, legal frameworks, and societal implications. Future discussions need to delve deeper into platform governance mechanisms and the legal responsibilities of social media companies.

Next Topic: Platform GovernanceContact: Dr. Michael Wilson, Murdoch University