Lessons Learned: Reflecting on The Global Practices Againts Cyberbullying in The Digital Age by Center for Digital Society

LESSONS LEARNED: REFLECTING ON THE GLOBAL PRACTICES AGAINST CYBERBULLYING IN THE DIGITAL AGE

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Authors Fahmi Ramadhiansyah Tara Arani Faza Editors Dirgayuza Setiawan, M.Sc Viyasa Rahyaputra Desainer & Layouter Fadlilah Zahra Murti

INTRODUCTION The popularity of social media has changed people’s interactions. It is now one of the fastest growing types of media, thanks to the widespread adoption of digital technology. Today, over two billion accounts have been registered across all social media platforms all over the globe, and this represents 29% of earth’s total population and two-third of all Internet users.i According to Lenhart in her report published by Pew Research Center in 2015, 92% of young adults report going online daily, in which 24% of that figure confess that they go online “almost constantly”. ii Being a computer-facilitated technology, social media is accessible via computer and smartphone—two things that are essential to modern people’s lives. Social media allows users to receive and share various forms of expression and information with virtual communities, as well as communicate with friends and family by exchanging interactive messages. All of these features are convenient, but social media is not all that glitters, as the threat of cyberbullying arises along with the increase of global internet penetration. Seeing the growing number of social media users and increasing hours spent on the internet by young adults and children globally, concerns arise regarding the precarious interaction in social media between children and young adults, which can affect their psychological state and mental health significantly. Keeping online environment from becoming hostile, while simultaneously tackling the negative impacts of the existing cyberbullying is an immensely important question for researchers of internet study. Keeping this in mind, this writing aims to discuss the different forms of cyberbullying found in five countries and region as well as exploring its impacts to the victims. To do that, this case study will review data and statistics from the subject countries to observe the global dynamics of the phenomenon. The four countries and EU as a supranational entity discussed in this writing are chosen due to the relatively high number of cyberbullying cases as well as their extensive measures that have been done to solve such issues. The discussion will shift to the national context of Indonesia to understand the relevancy of the global discourse to the domestic setting.

REFLECTING ON THE GLOBAL PRACTICES AGAINST CYBERBULLYING IN THE DIGITAL AGE

CYBERBULLYING IN A NUTSHELL According to the Donegan in Elon Journal of Undergraduate Research in Communication, social media has carried one of the negative aspects of human interaction online. Abusive behavior traditionally known as bullying has made its way to social media, making it harder to control and trace. In its most basic sense, bullying involves a victim and a perpetrator who physically, verbally, or use both forms of iii abuse to intimidate the victim to assert superiority. With the advancement of technology, bullying has shifted into the cyber realm and adopted different techniques. While traditional bullying exposes the victim directly to the perpetrator, technology provides perpetrator with anonymity, which allows the abuser to mask his or her identity, makes it easier for him or her to attack the victim with minimum iv remorse and possibly less chance of being caught. Cyberbullying involves sending or posting cruel text or images, sending threats, or blackmailing victims via devices v connected to the Internet. With the assistance of technology, it should be no surprise that many children throughout the globe have been exposed to, or have experienced cyberbullying. The impact of cyberbullying among victims can range from embarrassment and lowvi self-esteem, which can negatively affect their social and academic performance. Cyberbullying is also often followed by traditional bullying, which intensifies victimsâ&#x20AC;&#x2122; suffering. In some cases, the combination of the two can drive people into becoming vii suicidal. Considering the large number of social media users throughout the globe, the impacts of cyberbullying, therefore, should not be taken lightly. With increasing number of Internet and social media users, cyberbullying gradually becomes an imminent threat to Internet users, especially to young people.

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GLOBAL PRACTICES TO COMBAT CYBERBULLYING European Union

The European Union is world renowned as the leader in cyberbullying measures. The EU has acknowledged the importance of protecting its citizens, with emphasis on children and young adults, about the increased communication and information technology through various measures. This persists despite the absence of a commonly agreed definition of cyberbullying at EU level, in which EU institutions have described online bullying differently in diverse contexts of various initiatives. As a result, counter mechanisms tend to be developed and implemented by each member states independently. Regardless, the extensive measures enacted by the EU are not directly translated into a problem-free cyberspace, as the dimensions of the phenomenon are, in fact, equally worrying in Europe. The 2014 EU Net Children Go Mobile Report viii showed that 12% of the 3,500 children aged 9-16 years old were cyberbullied. Part of the problems might lie in the fact that most cases of online bullying went unreported. For instance, a study published in June 2015 by the Swedish National Council for Crime Prevention (NCCP) suggested that across all categories of online threats, abuse and offensive behavior, only 4% of complaints may result in prosecution. This is often because the incident does not constitute a criminal offence or, in more than 40% of cases, because of the difficulties in identifying perpetrators ix and obtaining evidence. So far, the most prominent mechanism in the combat against online bullying is the preventive measures designed by each member states with little regards to the supranational conventions. In Austria, for instance, both violence prevention and safe Internet use by children and young people are issues of public concern. One effort to tackle the problem is the enactment of a national strategy in 2007 to prevent violence in kindergartens and schools. Moreover, cyberbullying is also covered in the national action plan. In fact, Austria has a very low prevalence of cyberbullying: over 90% of pupils have never been affected by cyberbullying, which might correlate with the mentioned preventive actions. x

REFLECTING ON THE GLOBAL PRACTICES AGAINST CYBERBULLYING IN THE DIGITAL AGE

In Bulgaria, a team suggests to engage students in a series of formal role-playing exercises and related assignments that teach bullies alternative methods of interaction, implement cooperative learning activities to reduce social isolation, and increase adult supervision at key times (such as recess or lunch). The role of the xi teacher is vital as the first individual to notice the early signs of bullying and violent behavior and responds to it. While in Ireland, Portugal, Sweden and the United Kingdom, schools are required to adopt a behavior policy to protect children against bullying, which provides the schools xii with the power to enforce sanctions on children for behavior that is considered against the value of respect and peaceful cohabitation. Specific initiatives to promote online safety have then been taken by most of the EU Member States including Estonia, Italy, the Netherlands, Romania and Poland, in which initiatives are aimed at informing children or professionals working with them about online risks. At supranational level, a range of legally binding Council of Europe measures was applied in regards to online bullying issues. These include the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, which require the protection of children against violence. The Convention on Cybercrime, on Automatic Processing of Personal Data and The Convention on Protection of Children against Sexual Exploitation, are also relevant to cyberbullying. Although not binding, the Council’s Strategy on the Rights of the Child for 2016-2021 identifies xiii children’s rights in the digital environment among its priorities. While at the policy level, the EU Agenda for the Rights of the Child was passed to set a range of priorities including preventing violence against children in the online environment. This led to the adoption of a variety of policies on children’s safety online and a focus on child protection systems in the context of the 9th Forum on the rights of the child.

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United States Generally, in the United States, bullying is considered as a major problem among its young generation. A nation-wide survey conducted by American School Health Association has led to a finding that almost as many students aged 13-17 who experience bullying at school also face cyberbullying from the same perpetrators. About 85% of respondents reported the overlap between xiv online and direct bullying, which mostly happens at school. However, 43% of the respondents claimed that they received offences from people they know only from cyberspace. The study also reveals that most young people (90%) do not tell adults when they encounter cyberbullying. When asked, half of them believe they are capable of dealing with cyberbullying themselves, that adults will not understand, and one-third of participants are afraid that their xv parents will restrict their Internet access. In the US, cyberbullying has been linked to suicide, the third top killer of teens in the US. According to Yale School of Medicine Study, allxviforms of bullying victims are 2 or 9 times more likely to be suicidal. In another study conducted by Cyberbully Hotline, 20% of cyberbullying victims would think about suicide and 1 in 10 would xvii attempt to do it. Therefore, to stop the cycle of bullying, anti-bullying laws are implemented. The laws define bullying as â&#x20AC;&#x153;aggressive, intentional, and unwantedâ&#x20AC;? behavior, which repeatedly happens among individuals who are engaged in imbalance power xviii relation. Since 2010, anti-bullying laws have been enacted in 43 states, but the degree of interpretation and implementation are xix different. Furthermore, the US government also cooperates with third parties such as schools and Non-Governmental Organizations to intervene and help victims cope with their issues. Schools especially play a significant role in combating bullying, according to the law. Today, all states have adopted anti-bullying laws, but not all states xx include cyberbullying, such as Alaska and Wisconsin. According to Cyberbullying Research Center, important elements of the laws include criminal sanction, school sanction, the obligation for xxi schools to install anti-bullying policies, and the inclusion of off-campus consideration.

REFLECTING ON THE GLOBAL PRACTICES AGAINST CYBERBULLYING IN THE DIGITAL AGE

Maine, Minnesota, New Hampshire, New Mexico, and Wyoming do not have criminal sanction for bullying, but perpetrators may be xxii charged with another law when violence is involved. In Alabama, Michigan, Montana, Nevada, New Hampshire, there is no school sanction for bullying, and in Montana, the law does not require schools to adopt cyberbullying policies. In 33 states, the institutions cannot force any consequences towards the perpetrators or intervene when bullying happens off-campus. From all 50 states, it appears that the state of Montana has the least strong counter cyberbullying law, with no school sanction for cyberbullying, no school policies, and no off-campus regulation aiming at combating xxiii cyberbullying. Therefore, it should be no surprise that Montana xxiv ranked four in â&#x20AC;&#x153;Top 10 States with Bullying Problems.â&#x20AC;? Based on these findings, most states do find bullying a serious problem, but this does not necessarily mean that cyberbullying is taken into account with similar consideration. The research notes that some states do not have all of the elements, which may affect the enforcement of the laws, as Montana demonstrates. However, the perceived ineptitude of law might not be the sole reason why cyberbullying becomes rampant in a particular state like Louisiana, whose laws are far stricter but ranked worse. More study is needed to determine why the frequency of cyberbullying incidents is different from one area to another.

Canada Cyberbullying is also considered as a serious issue in Canada. In 2012, a teenager committed suicide and sparked public outcry, where a young woman named Amanda Todd was reportedly xxv experienced cyberbullying by having her embarrassing pictures distributed online. This resulted in her being bullied both online and in school, which eventually drove her to take her own life. Thexxvi following year, another girl who was cyberbullied similarly, Rehtaeh Parsons, attempted suicide and died soon afterwards. Parsons has reported her case to the police, who could not do much because the proofs were considered insufficient and that it was only based on hearsays. Their death received public sympathy

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According to Statistic Canada, about 1.1 million young people aged 15-29 xxvii reportedly experience cyberbullying. They received threatening emails or instant messages, being humiliated by having their embarrassing pictures distributed, or having their personal information shared. The study also xxviii highlighted that cyberbullying is more prevalent within the LGBT community. Another study discovered that Canadian high schools experience 282,000 incidents of bullying every month, and 10 to 35% of the incidents include cyberbullying. The impacts of cyberbullying can be detrimental to the victims’ mental health, although cyberbullying alone may not be the sole source of mental health issues experienced by the victims. The study further revealed that about 40% of victims had a low level of trust in people, while only 28% ofxxx those who had not experienced cyberbullying reported the same concern. Furthermore, cyberbullying has also been linked to suicide as it serves as one of the reasons that drive Canadian teenagers into depression. It should be noted that suicide is the second-leading cause of death among teenagers xxxi between 15 to 19 years old. Accordingly, cyberbullying should be addressed swiftly and with careful consideration. However, Todd and Parsons’ cases demonstrate that cyberbullying has yet to be handled effectively. Parsons’ case did inflict national outrage and urged firm response to combat cyberbullying, but the effort fizzled out as Nova Scotia’s call for drafting an anti-cyberbullying law was ruled out by the court, in fear that the law would challenge xxxii people’s freedom of expression. Victims would have to resort to other laws that address elements associated with cyberbullying, such as defamation, xxxiii slandering, libel, etc. However, criminalizing this behavior is also problematic because incidents will have to escalate to a certain point and most of the time, cyberbullying incidents do not meet prerequisites stated in the laws. Furthermore, legal measures will consume more times and resources, and with the absence of preventive means like the anti-cyberbullying campaigns launched by other countries, it is still difficult to thrive against cyberbullying in Canada. Although Canada still performs adequately in terms of children’s welfare, with no specific laws or regulations that specifically address bullying, Canada ranks poorly in combating bullying if compared to the US and Nordic countries, which have launched an anti-bullying campaign.

REFLECTING ON THE GLOBAL PRACTICES AGAINST CYBERBULLYING IN THE DIGITAL AGE

South Korea Being the world leader in the use of the Internet, South Korea was one of the first countries in the world to implement a national broadband network. The International Telecommunication Union reported that, as of 2010, 81.1% of the population was using the Internet and that, by 2015, 96.8% of mobile phones in the country were already used to access the Internet.xxxiv As expected, a high number of cases related to cyberbullying can be observed in the country. According to Korea Internet and Security Agency (KISA), 76% of Korean teenagers have experienced cyberbullying in their lifetime, indicating the seriousness of cyberbullying in Korea. Further, the survey conducted by the South Korean National Youth Policy Institute in 4,000 middle and high school students nationwide revealed that 27.7 percent of the respondents confessed to having been bullied in cyberspace over the past three months. In other words, nearly one in three South Korean adolescents has encountered cyberbullying on the Internet, online games, text messages, emails or other digital xxxv technology.

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Another study in South Korea confirmed the strong correlation between the high smartphone usage and cyberbullying behavior. According to the study, about 2.9 percent of the teenagers belong to the high-risk group and 16.1 percent to the potential-risk group, which means that about one in five pupils has indicated dependent behavior on their smartphones.xxxvi Within the high-risk and potential-risk groups, the involvement of online abuses was found to be more common. In the high-risk group, 9.1 percent responded that they had become victims of abusive remarks online, and 14.7 percent mentioned they had uttered swearwords to or offended someone through cyberspace. Both types of experience were found to be about three to five times as frequent as standard user group statistics, which were 3.1 percent and 2.5 percent respectively.xxxvii As we can also notice in Figure 2, in Korea, students who are more dependent on their smartphones are more likely to experience cyberbullying. Moreover, females (22.8%) and senior students are more dependent on their phones (smartphones) than boys (15.9%) and juniors.xxxviii

REFLECTING ON THE GLOBAL PRACTICES AGAINST CYBERBULLYING IN THE DIGITAL AGE

NATIONAL CONTEXT: WHERE ARE WE? National Prevalence Shifting into the national context, reports on the prevalence of online bullying pertaining in Indonesia suggest the urgency of the issue in the country. The increase has been attributed to the rise of the internet penetration, in which Indonesia has seen a significant increase in digital technology over the years, xxxix with over 132 million people using the Internet in 2016. Along with a greater internet accessibility, there has been a widespread increase in the use of computers, tablets and smartphones particularly by children and young adults. Unfortunately, the proliferation of internet usage does not come without any undesirable effects. A survey conducted by Safaria in 2016 about the prevalence of cyberbullying in Indonesia revealed that only about 14% of respondents never experience xl any form of cyberbullying. This indicates that cyberbullying in Indonesia is a major problem that needs urgent attention. Given the rapid growth of cyberbullying in Indonesia, identifying bullying patterns in social media is an important research task to understand what kind of bullying patterns occur. Hence, detecting Indonesian cyberbullying forms in social media must be investigated more deeply to identify the possible solution. Young people between the ages of 15 to 30 make up most of the country’s Internet xli users (50-80%), where most of them utilize the Internet for socializing online. Facebook and Twitter are two of the most popular social sites in Indonesia, with approximately 30 million people having Twitter accounts and 51 million having Facebook accounts. It is obvious that Indonesia has developed into a ‘virtual hotspot’, not only for social media companies but also for the proliferation of cyberbullying.

Mechanism Against Cyberbullying: Protection vs Freedom of Speech The Indonesian government has implemented several regulations to control online activity in relations to cyberbullying. Through Article 45B of the new amendment of the Electronic Information and Transactions (ITE) Law in 2016, cyberbullying is now finally considered as a form of harassment, and a criminal act that carries a maximum imprisonment term of four years and/or fines xlii amounting to Rp 750,000 (US$55.55). It is noteworthy that the regulation solely applies to the direct and deliberate act of online harassment, with discernibility a subject to interpretation.

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As expected, the newly enacted law has prompted debates regarding the implementation, as the revision does not entirely solve the problem regarding the nature of cyberbullying: anonymity. The underlying nature of online bullying is that it can be simply done with anonymity, as it takes little effort for a user to create a fake online identity or even go completely anonymous. This has prompted the notion that the provision is not sufficient in targeting online bullying perpetrators, and will instead restrict the general public from expressing their thought online. According to Supriyadi Widodo Eddyono of the Institute for Criminal Justice Reform (ICJR), these reforms could even destabilize Indonesia's freedom of expression because there's still no clear-cut classification of what constitutes cyberbullying within Indonesian xliii legal system that can differentiate it with regular complaints or criticism. Eddyono is further concerned that the authorities will misuse the newly revised law to compress and even inhibit public from expressing constructive criticism, which eventually threatens the freedom of speech within the country. In addition to that, Indonesia has also put some safeguard in place to shield children and young adult as the most vulnerable group in cyberspace. In xliv 2003, the national government adopted the Child Protection Law. Nevertheless, the concrete enactment of these measures is sluggish on the societal level, where it should count the most. While the UN convention demands countries to be responsible for ensuring that children have ‘a right to live, grow up, participate in any activity and be protected from discrimination’, Indonesia, however, does not clarify the government’s responsibility to uphold UN convention rights.

Reflection on Global Best Practices for Indonesia Bullying, in general, is a multifaceted problem, which requires both preventive and intervening measures to tackle. Regardless, previous part regarding global practices against online bullying reveals that preventive actions appear to be more effective in the effort of reducing cyberbullying, protecting victims, raising awareness and even punishing perpetrators. As expected, criminalizing the act of cyberbullying can be problematic, as shown in the case of Canada and Indonesia. The vague legal definition, which is mostly derived from the main characteristic of online bullying, is accused of causing the difficulty to consider any bullying case as a criminal offence. Intervening action through the judicial act, though necessary, is unlikely to be successful to solve the root of the problem.

REFLECTING ON THE GLOBAL PRACTICES AGAINST CYBERBULLYING IN THE DIGITAL AGE

On the contrary, reflecting on EU countriesâ&#x20AC;&#x2122; counter mechanism, it can be concluded that the most common sound practices currently implemented in the most member states analyzed can be clustered around raising educational standards, awareness, and child protection. This finding is supported by research by Cross et.al, stating that one of the key prevention strategies to help reduce cyberbullying in schools is raising awareness and educating the whole school community about bullying, which includes staff training, explicit student learning through the curriculum, as well as improving key family xlv understandings and skills. Furthermore, the findings from South Korean research regarding the correlation between cyberbullying behavior and mobile phone addiction reflects the need for policymakers, educators, and parents alike to intervene in monitoring the usage of digital technology and internet behavior among children and young adults. This reemphasizes the significance of resilience as the main shield to combat the explosion of online bullying, which can be done through several measures including providing educational programs that are proactively advising children about the threats and hazards of the internet. Besides, this type of program will support victims to report cyberbullying and facilitating perpetrators to comprehend the negative consequences of their action.

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CONCLUSION Although the link between online bullying and traditional bullying should always be considered, tackling the issue of cyberbullying requires a specific measure that is in favor of its distinctive characteristics. In this regard, the promotion of initiatives to foster understanding on cyberbullying and its unique characteristics is indispensible. As reflected in the study of global practices in the four analyzed subjects, intervening actions through judicial laws and regulations needs to be accompanied by preventive measures through education and the fostering of digital literacy. A well-defined cyberbullying law is imperative to outline the regulating mechanism to ensure that it would not be misused as a tactic to limit the freedom of speech. Simultaneously, building resilience on every internet users is requisite as an early safeguard against violence within internet network. The two mechanisms should work side-by-side to ensure that we are on the right pathway in the long walk towards safe and protected cyberspace.

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REFLECTING ON THE GLOBAL PRACTICES AGAINST CYBERBULLYING IN THE DIGITAL AGE

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