http://www.abc.net.au/news/stories/2009/06/20/2603745.htm
Authorities powerless against online death threats
By Simon Lauder (ABC News)
Anonymous abusers are apparently getting away with obscene and violent bullying tactics against teenagers in Western Australia because they are doing the cyber bullying on a US-based website.
Despite spurious and nasty allegations and death threats, the teenagers have been advised to get new phone numbers and a lawyer.
The website in question purports to be a forum for people to complain about anyone.
It also seeks to make a point about internet censorship.
But for 18-year-old Majella Sheppard it is just a form of abuse and harassment.
"There was some threats in there and there's just been another one made recently saying that my family's going to die one by one," she said.
"I wasn't too happy about that when I read it.
"I took it to the police when it got so severe that they actually threatened to hang my son and the police told me that there's basically nothing that they could do about it because there was no names on there, so just pretty much try and get over it."
Peter Murfitt is the father of another teenager who is targeted on the site.
"They've called her a slut and a drug user and there's been threats to burn houses down, threats to kill," he said.
Mr Murfitt says if the site is not shut down there is a risk to the man who runs it.
"If you attack someone's kids enough and you're allowing it, then someone's going to do something about it aren't they?"
Authorities powerless
There have been calls for the police to take action against those behind the website.
But head of the Victoria Police E-crime squad, Inspector John Manley, says there is not much he can do.
"We haven't got an offence to investigate," he said.
Inspector Manley says Australian authorities are powerless to act because the site is based in the United States.
"It's not within our capacity to do that and it's not within the Australian Communication and Media Authority's capacity to do that," he said.
Inspector Manley says the best advice he can give those targeted is to get a new mobile number to avoid getting abusive text messages and to take legal action.
"One of the first things they've got to do is obviously, if they get a posting on the site that relates to them, [is] tell their parent or a guardian what's there and discuss it with them," he said.
"They will help the child bring it to police notice if necessary and then we can look at it on that basis.
"It might be something that relates to something at school and the school might be the appropriate arena to address it.
"It depends on what the posting is, but certainly seek the advice of an adult if you're a minor.
"If you're an adult and you feel you've been defamed but maybe you don't want to report it to the police, then go and see a lawyer and get advice there."
Executive director of the Cyberspace Law and Policy Centre at the University of New South Wales, David Vaile, says that is good advice.
"There are creative opportunities for not necessarily lawyers but even diligent prosecutors or investigators to explore possibilities," he said.
"So for instance, it sounds like there's been false allegations of abuse in many jurisdictions that may end up being an offence itself.
"There are also potential defamations that have occurred. Obviously it's harder to deal with in America and that's not a criminal matter, but there may also be potential other offences like cyber stalking.
"All of those may in fact be worth exploring."
Mr Vaile says online abuse is a difficult area for police to get involved in.
"To try and draw the line between what's OK and what is criminal is obviously a very difficult matter and it's something that obviously police are looking for much more serious offences to focus their resources on.
"They're going to be reluctant to spend too much time on."
One person targeted by the website has already taken action.
Queensland ALP president Andrew Dettmer is now suing the website's designer for defamation.
