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cyberlaw:crime [2019/10/30 16:24]
nic
cyberlaw:crime [2019/10/30 16:27] (current)
nic
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 ## Queensland Legislation ## Queensland Legislation
  
-**Future Student ​Video: ​Explain Cyberstalking and the Queensland ​Stalking Offence**+**Video: ​Sarah Lawrence explains [how Section 359B of Queensland's Criminal Code regulates cyberstalking](https://​www.youtube.com/​watch?​v=SeEPjsLyGso)** 
 + 
 +Incidents of cyberstalking are recognised under the definition of unlawful stalking in Section 359b of Queensland’s Criminal Code. Through the inclusion of subsection (c)(ii) unlawful stalking extends to contact through the use of telephone, mail, fax, email or through any technology.  
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 +Cyberstalking includes email stalking, phone stalking and computer stalking. Both email and phone are expressly stated in section 359B of the Criminal Code as methods of contact for unlawful stalking. Computer stalking, while not expressly stated in the provision, would likely be covered by the phrase ‘any technology’ and therefore would still be caught by the stalking offence. 
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 +A major controversy surrounding the stalking offence is the that the victim must have suffered a real apprehension or fear of violence, however, cyberstalking is unlikely to meet this threshold due to its virtual and non-physical nature. In addition, the prosecution of cyberstalking is difficult and victims must turn to other avenues to find relief. The current and most realistic remedies for victims would be to approach social media services to have material removed, or to report the behaviour to the eSafety commissioner.
  
 ## Private Law: Electronic Contracts ## Private Law: Electronic Contracts
  • cyberlaw/crime.txt
  • Last modified: 5 weeks ago
  • by nic