Governing the Risks of Cyber Bullying in the Workplace During the Era of Covid-19
With the advancement of ICT, cyberbullying has become more common than ever before, particularly in modern workplaces. With the requirement of working from home during the pandemic, cyberbullying within the workplace has skyrocketed within the past year. Cyberbullying can be classified as a traditional crime that has transcended to cyberspace as a result of technological advancements and the proliferation of numerous social media platforms. Despite widespread public concern about such crime in Malaysia, the legislative response to this crime is still somewhat slow due to the gaps in the current legislation governing cyberbullying. The legal landscape governing cyberbullying is still insufficient, due to the current legal framework being too general, making investigation and prosecution of the crime difficult. Cyberbullying can result in Post-Traumatic Stress Disorder, psychological problems, major physical and mental health problems, and even suicide. The purpose of this article is to investigate the notions of cyber bullying harassment, the risks associated with such crimes, and the legal and management mechanisms for dealing with such crimes. This research makes use of a doctrinal content analysis as well as secondary data from the law, academic journals, books, and online sources. According to the authors, unequal power relations in the workplace, anonymity, and cross-border connectedness are some of the rationales for cyberbullying, which can be expressed in a variety of ways with negative consequences for employers and employees alike. The inadequacy of the present traditional and computer-specific legislation in dealing with such crime necessitates the management of such crime.
Anasori, E., Bayighomog, S. W., & Tanova, C. (2019). Workplace bullying, psychological distress, resilience, mindfulness, and emotional exhaustion. The Service Industries Journal, 1-25.
Barlett, C. P., Simmers, M. M., Roth, B., & Gentile, D. (2021). Comparing cyberbullying prevalence and process before and during the COVID-19 pandemic. The Journal of Social Psychology, 1-11.
Basu, P., Singha Roy, T., Tiwari, S., & Mehta, S. (2021, September). CyberPolice: Classification of Cyber Sexual Harassment. In EPIA Conference on Artificial Intelligence (pp. 701-714). Springer, Cham.
Choirunnisa, S. (2021). Legal Protection Against Women Victims of Sexual Harassment Through Social Media (Cyberporn). The Indonesian Journal of International Clinical Legal Education, 3(3), 367-380.
Deo, S.S. (2016). The criminal law (amendment) act 2013: legislative remedies for online harassment and cyberstalking in India. Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2712052.
Escartín, J., Vranjes, I., Baillien, E., & Notelaers, G. (2021). Workplace bullying and cyberbullying scales: An overview. Concepts, Approaches and Methods, 325-368.
Farley, S., Coyne, I., & D’Cruz, P. (2021). Cyberbullying at work: Understanding the influence of technology. Concepts, Approaches and Methods, 233-263.
Gardella, J.H., Fisher, B.W., Teurbe-Tolon, A.R. et al. (2019). International Journal of Bullying Prevention https://doi.org/10.1007/s42380-019-00017-7
Cavico, F. J., Mujtaba, B. J. (2014). Harassment at the workplace: a practical review of the laws in the United Kingdom and the United States of America. Public Organization Review, 14, 1-18.
Gilani, S. R. S., Cavico, F. J., Mujtaba, B. J. (2014). Harassment at the workplace: a practical review of the laws in the United Kingdom and the United States of America. Public Organization Review, 14, 1-18.
Giumetti, G. W., & Kowalski, R. M. (Eds.). (2019). Cyberbullying in Schools, Workplaces, and Romantic Relationships: The Many Lenses and Perspectives of Electronic Mistreatment. Routledge.
Hamin Z and Wan Rosli, WR (2018). Cloaked by Cyber Space: A Legal Response to the Risks of Cyber Stalking in Malaysia. International Journal of Cyber Criminology, 12(1), 316-332.
Hsieh, Y., Wang, H., Ma, S. (2019). The mediating role of self-efficacy in the relationship between workplace bullying, mental health, and an intention to leave among nurses in Taiwan. International Journal of Occupational Medicine and Environmental Health, 32(2), 245-254. https://doi.org/10.13075/ijomeh.1896.01322
Kabiri, S., Choi, J., Kruis, N., Shadmanfaat, S. M., & Lee, J. (2021). Social Concern as a Means of Understanding the Risk of Workplace Deviance. Deviant Behavior, 1-20.
Kaluarachchi, C., Sedera, D., & Warren, M. (2021). An Investigative Model of Adult Cyberbullying: A Court Case Analysis.
Kalyar, M. N., Saeed, M., Usta, A., & Shafique, I. (2020). Workplace cyberbullying and creativity: examining the roles of psychological distress and psychological capital. Management Research Review.
Karthikeyan, C. (2021). Conceptualizing Causative Factors of Workplace Cyberbullying on Working Women. In Research Anthology on Changing Dynamics of Diversity and Safety in the Workforce (pp. 164-184). IGI Global.
Kim, Y. J., & Choi, J. S. (2021). Individual and organizational factors influencing workplace cyberbullying of nurses: A cross‐sectional study. Nursing & Health Sciences.
Kowalski, R. M., & Robbins, C. E. (2021). The Meaning, Prevalence, and Outcomes of Cyberbullying in the Workplace. In Handbook of Research on Cyberbullying and Online Harassment in the Workplace (pp. 1-22). IGI Global.
Loh, J., & Snyman, R. (2020). The tangled web: consequences of workplace cyberbullying in adult male and female employees. Gender in Management: An International Journal.
MyCERT Incident Statistics retrieved from www.mycert.org.my
Olweus, D., Limber, S.P. & Breivik, K. (2019). Addressing Specific Forms of Bullying: A Large-Scale Evaluation of the Olweus Bullying Prevention Program. International Journal of Bullying Prevention, 1, 70. https://doi.org/10.1007/s42380-019-00009-7
Peled Y. (2019). Cyberbullying and its influence on academic, social, and emotional development of undergraduate students. Heliyon, 5(3), e01393. doi:10.1016/j.heliyon.2019.e01393
Productivity Commission. (2019). Workplace Relations Framework. Productivity Commission Inquiry Report, 1(76).
Smith, P. K. (2019). Research on Cyberbullying: Strengths and Limitations. In Narratives in Research and Interventions on Cyberbullying among Young People (pp. 9-27). Springer, Cham.
Stevens, F., Nurse, J. R., & Arief, B. (2021). Cyberstalking, cyber harassment, and adult mental health: A systematic review. Cyberpsychology, Behavior, and Social Networking, 24(6), 367-376.
Symons, M. M., Di Carlo, H., & Caboral‐Stevens, M. (2021, January). Workplace cyberbullying exposed: A concept analysis. In Nursing forum, 56(1), 141-150.
U.S. Equal Employment Opportunity Commission. (2020). Harassment. Retrieved from https://www.eeoc.gov/laws/types/harassment.cfm.
UK Government. (2020). Workplace Bullying and Harassment. Retrieved from www.gov.uk/workplace-bullying-and-harassment.
Wan Rosli, WR, Kamaruddin, S. (2020). When Love Is Jeopardized: Governing Online Love Scams In Malaysia. International Journal of Advanced Science and Technology, 29(6), 391-397.
Yusof Nur Amalina, Y., Chinniah, M., Aini Othman, A., Shamala, P., & Hussein Zolait, A. (2021). A Systematic Literature Review on Characteristics of Cyberbullying. International Journal Of Computing and Digital System.
Zhang, Z., Wang, H., Zhang, L., & Zheng, J. (2021). Workplace cyberbullying and interpersonal deviance: roles of depletion and perceived supervisor support