Harassment Through the Digital Medium a Cross-Jurisdictional Comparative Analysis on the Law on Cyberstalking

The cyber world is an extension of the real world. It is another dimension wherewe can work, study and play. But people also tend to lose their inhibitions on the Internet, oftenwhile keeping their anonymity. Because of the perceived and real freedoms in the digitalenvironment, people are emboldened to act in ways that they may not normally do in the real world.One recent phenomenon that is steadily becoming a problem in every country with a high level ofelectronic connectivity is the act of cyberstalking. The electronic medium is an important factor dueto its very nature such as low cost and ease of use, potential anonymity and stealth as well as theinsignificance of physical distance to the act of cyberstalking. Hence, cyberspace affords lesserimpediments to aggressive behaviour. The borderless nature of electronic communications medium,concomitant jurisdictional concerns and the unique challenges posed to computer forensics such asthe collection of evidence and investigations also arise as relevant issues in this context.Cyberstalking has become a concern that has translated into law in larger and more technologicallymaturedjurisdictions such as the United States, the United Kingdom, Canada, Australia, Japan andeven in a small country like Singapore. Existing laws relating to harassment or intimidation are oftenfact- or relationship- specific and are inadequate to meet the needs of modern society, while nascentcyberstalking laws are substantively disparate. I will first use Singapore as a case study andbackdrop by presenting the factual experience and judicial developments in Singapore relating tocyberstalking and identify some of the usual problems in its treatment under law. I will then analyseand compare the cyberstalking laws of several key jurisdictions to determine the common elementsand treatment amongst them with a view to the formulation of a proposed statutory solution that willtake into consideration the different rights and interests of members of society in the use of digitalmedia for social interaction. I will also briefly consider the issues of prescriptive, adjudicatory andenforcement jurisdiction and the need for greater International cooperation to deal with the problemthrough the harmonisation of substantive laws, the coordination in procedural investigative measuresand complementary recognition and enforcement laws