Lenore Zann 'disappointed' anti-cyberbullying law struck down

A Nova Scotia politician who says she was cyberbullied after a high school student tweeted a nude screenshot of her said the Supreme Court of Nova Scotia's decision Friday to strike down an anti-cyberbullying law is disappointing. 

"I'm surprised, actually, to be honest," said Lenore Zann, a New Democrat MLA. 

"I had felt the law was a good one and as somebody who had experienced a cyberbullying case myself, as a victim, I felt that it was great to have somebody to go to that actually understood the issues and could work on your behalf,"

As a result of the law being struck down, she said there may be people who will feel they are "falling through the cracks."

Zann is a former actress who starred in the cable TV series The L Word, in which she appeared topless in a shower scene in 2008.

In 2013, Zann said a 17-year-old boy posted a screenshot of the scene. Initially, Zann said he refused to delete the image. The online conversation soon included others who retweeted the picture and hurled vulgar insults at her.

She later dropped the charges.

"I chose not to go ahead with charges because once I found out they were teenagers — I didn't know that at first — I thought it was better for the schools to deal with it by talking with the kids, instead of charges," said Zann.

'Potentially quite restrictive conditions'

The Cyber-Safety Act was the first law passed in Canada aimed at protecting victims of online harassment. The Nova Scotia government introduced it two years ago under intense public pressure after Rehtaeh Parsons, a 17-year-old girl, was bullied, attempted suicide and subsequently died.

The legislation authorized courts in the province to grant protection orders that limit what alleged cyberbullies can post online.

Critics called the law too broad and far-reaching.

Cara Zwibel, a lawyer and director of the Fundamental Freedoms program with the Canadian Civil Liberties Association, said she is "very pleased" with the court decision. 

"The issue of cyberbullying is a serious one. It is one that needs to be addressed, but the way this law went about doing it was much too broad," she told CBC News on Friday. 

"It allowed for all kinds of expression to be the subject of protection orders and potentially quite restrictive conditions being placed on people."

Justice Minister Diana Whalen says the provincial government will continue to staff its CyberScan unit, which has been tasked with investigating all cyberbullying legislation. She says it will now focus on education, noting the unit has made about 700 presentations to schools, community groups and police. 

'There's a recognized gap in our laws'

Whalen said she was "very disappointed" to see the act struck down.

She said her department will consider whether to appeal, draft new legislation or re-write the current act. 

"We really do feel there's a need, that there's a recognized gap in our laws in this area with technology changing so quickly and the pressure particularly that young people are under," she said.

Zwibel said education may be more effective than legislation. 

"This law, the definition of cyberbullying was so broad that a negative restaurant review could be considered cyberbullying and an email to your friend saying you didn't like her dress could be considered cyberbullying," she said.

Zann said the law was in place to help people.

"I'm a little disappointed because I feel that it was a good bill and I am worried about the young people — and older people, to be frank — who are suffering," said Zann.

"I think that there will be a void there without something in place and that's a sad thing for Nova Scotia."