Cyberstalking and Internet Harassment: What the Law can Do

This paper addresses the issue of cyberstalking and internet harassment, and what legal remedies an internet user has when confronted with this form of behaviour. The paper will commence with a discussion of on-line harassment including the way in which the internet facilitates this behaviour. On-line harassment is similar to real-world stalking in the way that it can be disturbing to the victim. At the same time the unique environment of the internet creates "remoteness" on the part of the stalker, and provides a false sense of security arising from the apparent anonymity that is present on the internet.

The paper will discuss various approaches to the problem and demonstrate the various ways that current legislation and the common law can be used to deal with on-line harassment in New Zealand. In addition the paper will provide some immediate solutions for an internet user confronted with this behaviour.

Because the problem involves an apparent remoteness between the harasser and the victim (although the perpetrator may live just around the corner in much the same way as a "real-world" harasser may) reference will be made to mobile phones, repeated calls and harassing or disturbing text messaging.

The thrust of the paper will be to:
a) establish that the law DOES provide a remedy for internet based misbehaviour
b) show that steps can be taken to deal with the on-line harasser
c) identify some of the problems that arise with internet harassment that may require addressing in the future