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“Sexualized online bullying”: why an equality analysis matters

“Sexualized online bullying”: why an equality analysis matters. Jane Bailey Clicks & Stones: Cyberbullying , Digital Citizenship & the Challenges of Legal Response University of Toronto 3 May 2013 jbailey@uottawa.ca. AB v. Bragg Communications. 2012 SCC 46. “sexualized online bullying”.

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“Sexualized online bullying”: why an equality analysis matters

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  1. “Sexualized online bullying”:why an equality analysis matters Jane Bailey Clicks & Stones: Cyberbullying, Digital Citizenship & the Challenges of Legal Response University of Toronto 3 May 2013 jbailey@uottawa.ca

  2. AB v. Bragg Communications 2012 SCC 46

  3. “sexualized online bullying”

  4. limited

  5. slowexpensivepublicity

  6. cyberbullying

  7. anonymity/pseudonymity

  8. meaningfulcollective

  9. misogynyhomophobiaracism

  10. typecast gender conformity

  11. policing

  12. 15 year old AB

  13. fake Facebook profile

  14. photo

  15. allegedly preferred sexual activitiesappearanceweight

  16. Bragg Communications Inc.

  17. pseudonym

  18. ban on republication

  19. Halifax Herald LimitedGlobal Television

  20. Nova Scotia Supreme Court

  21. denied

  22. evidence

  23. “danger to [her] emotional health” “physical, emotional or mental”

  24. “embarrassment without additional evidence of harm was insufficient to displace the need to have open courts”

  25. “how social networking programs work and how they can be destructive to thepublic and particularly to young persons”

  26. $1500 to the Halifax Herald$750 to Global Television

  27. Nova Scotia Court of Appeal

  28. $2000 to the Halifax Herald$1000 to Global Television+ disbursements

  29. Supreme Court of Canada

  30. use a pseudonym

  31. partial publication ban

  32. cost awards

  33. Abella J

  34. AB’s privacy interestandthe open court principle

  35. age

  36. protection

  37. open court principle

  38. “relentlessly intrusive humiliation of online sexualized bullying”

  39. evidence

  40. “reason and logic”

  41. “inherent vulnerability of children”

  42. “objectively discernable harm”

  43. Nova Scotia Task Force on Bullying and Cyberbullying

  44. loss of self-esteemanxietyfeargreater risk of suicide

  45. “spread widely, quickly and anonymously”

  46. anonymity

  47. “complicate recovery, discourage future disclosures and inhibit cooperation with authorities”

  48. “If we value the right of children to protect themselves from bullying, cyber or otherwise, if common sense and the evidence persuade us that young victims of sexualized bullying are particularly vulnerable to the harms of revictimization upon publication, and if we accept that the right to protection will disappear for most children without the further protection of anonymity, we are compellingly drawn in this case to allowing A.B.’s anonymous legal pursuit of the identity of her cyberbully.”

  49. identity

  50. “relatively unimportant”

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