In 2014, two 12-year-old girls were arrested in connection with a violent premeditated attack on a classmate. The victim had been stabbed 19 times with the knife, missing a major artery in her heart by a millimetre. When interviewed by detectives, both girls claimed that they had been motivated to carry out the attempted murder by Slender Man. By killing their friend, they would gain Slender Man’s favour and go to live with him in the forest.

The origins of Slender Man are well documented. Since his first appearance online in 2009 in a SomethingAwful.com forum Photoshop contest, he has been evolving in a high-speed process of creative, open-source legend building.

Original Slender Man image which first emerged in 2009 for a SomethingAwful.com forum Photoshop contest. The picture has spawned endless interpretations and reimaginings in online forums by horror fanatics.

There are many theories about why he has become the most notorious exclusively online urban legend and taken such a firm root in the collective online consciousness. One theory is that his ambiguity drives his creepiness and his popularity; people see their own particular fears staring back at them from Slender’s featureless, pale face.

Following the stabbing by the 12-year-old girls, Slender Man has become a source of fear in a different way. He has become a symbol for the dark side of the internet. Authority figures have come out against Slender Man, using the stabbing as a call for parents to be careful of what their children consume online. One commentator has written that there are now two Slender Mans – one haunting the internet, another haunting the adults whose children use it.

So how does society manage the fear spawned by a horror character like Slender Man, especially where fictional online violence begins jumping off computer screens and moving individuals to harm others in the real world?

Criminal law is one of the mechanisms available for society to deal with the inevitable community destabilisation and fear caused by such shocking and violent incidents.

The relationship, here, between the law and fear, is complicated.

On one hand, the law is an instrument that communities have developed to strike back against the behaviour of individuals considered deserving of punishment. In the aftermath of scary and inexplicable incidents, the justice system is relied on to restore the feeling that the collective interests of society are protected.

Another of the first images created of Slender Man. The fictional online horror character has gone on to become one of the most enduring and influential online urban legends of all time.

Communal fear, in the case of the Slender Man-inspired stabbing, demands that the law responds in a number of ways. One is through retribution – these offenders must be punished for what society considers to be immoral behaviour that is harmful to others. Another is through deterrence – these offenders must be made an example of by being given an appropriate sentence so that such awful attacks won’t be replicated by others in the future. Another is through incapacitation – these offenders must not be allowed to re-offend, and so must be locked away in the interests of community welfare.

On the other hand, the law attempts to introduce an element of reason, logic and formulaic police and court procedures when such sickening and violent crimes take place. In this respect, legal process can be a means of preventing us from seeking to act on these fears by pushing for harsh retributive justice too rashly. Browsing the comments sections underneath articles on the Slender Man stabbing is a useful reminder of the need for formal legal processes to guard against a communal knee jerk reaction which can manifest as emotional demands for vengeance.

Either way, fear plays a part in explaining the existence of criminal law – fear, perhaps, of the terrible things people are capable of doing to each other either as individuals or as furious mobs.

The mixing of law and fear isn’t limited to the realm of criminal law. Legislation can become infused with fear, reflecting a reaction to dread rather than a process of careful consideration and the development of sound policy. This can happen in response to national tragedies – one example is arguably the USA PATRIOT Act. It can happen in response to unreflective national prejudice – in Australia, for example, we currently have in place a complex system of prison camps to keep us ‘safe’ from people fleeing war and terror overseas.

Fear is also built into deeper systems of structural law, particularly constitutional law, which can have a distinct flavour of fear. One of the central objectives of a constitution in liberal democratic states is to restrict the powers of government, for fear of allowing too much power to rest with any one decision-maker. The various arms of government, namely the courts, parliament and the executive, are set against one another in a system of checks and balances, each suspicious of the accumulation of power by the others.

This is not to argue that fear is always an irrational response to events, but it can be. If there is no real basis for a fear, people may be hurt by the creation of laws aimed at protecting society against non-existent phantoms. Political actors are easily tempted to use fear-mongering tactics to serve their own agendas, exploiting a community’s deepest, darkest prejudices to push for more extreme, heavy-handed laws. This makes fear a dangerous basis for responsible law-making.

There are arguments to be had about dealing with concerns over children’s access to disturbing content on the internet. About the appropriateness of subjecting children to adult criminal justice systems. About the resources available to cope with the prevalence of serious mental illness.

More scary, perhaps, is the extent to which fear itself, like the tentacles sprouting from Slender Man’s back, is already wrapped around all of us and our systems of law, poised to pull tighter if we refuse to acknowledge it and in so doing, fail to guard against it.

** The Wisconsin appeals court upheld a decision to try the girls as adults:

“The court found that this was a violent, premeditated and personal offence. There was a conscious decision made at the time of the offence to let the victim die. They told [the victim] that they would leave to get her help. They did leave, and they left to walk to the Nicolet National Forest to locate the Slenderman mansion. This is charged as attempted murder but you have to keep in mind for both defendants that this was, in fact, an effort to kill someone, not a mistake by hitting them too hard. Not a mistake by pushing them too hard. The issue of brain development is important for the court to consider. They were young when the offence occurred but they get older every day, frankly. But what happens at age 18 and, in this court’s view, that is a critical factor for the court to evaluate. There would be no oversight, no control, no ways to ensure public safety. They have committed an offence that is serious, it’s frankly vicious and there has to be assurance that that doesn’t happen again – that a serious offence is dealt with on a serious basis that offers protections to everyone. On that basis, I order that the defendants be retained in the adult jurisdiction.” –

Morgan Geyser and Anissa Weier will face trial in September-October 2017.

Law Week is an opportunity for the legal industry to celebrate and promote a better understanding of the law and legal processes to the general public. But it’s not a unique activity, as similar celebrations centred on the promotion of the rule of law also take place internationally in May.

Celebrated each year on 1 May in the United States (today for Australia), Law Day is a day in the legal calendar set aside exclusively to celebrate and recognise law as the glue of American society as well as its fundamental role in maintaining law and order and providing a solid foundation for the United States to become a powerful world leader.

First recognised by President Eisenhower on 5 February 1958, the first day in May each year has since been celebrated as Law Day. Eisenhower said:

In a very real sense, the world no longer has a choice between force and law. If civilization is to survive it must choose the rule of law. On this Law Day, then, we honor not only the principle of the rule of law, but also those judges, legislators, lawyers and law-abiding citizens who actively work to preserve our liberties under law.”

Local bar associations and legal education organisations in the United States now use Law Day to promote legal education for students.

Each year in Australia, every State and Territory’s Law Society and the Law Council of Australia actively promotes the law and legal education during Law Week. It is celebrated across Australia to further an understanding of the law and its role in society as well as to raise awareness in the community about how to access legal services and advice.

A broad understanding of the law, Australia’s Constitution, the role of government, the parliament and the court system is critical to an appreciation and respect of Australian law and its role in protecting our democratic way of life.

Although it is not an official government holiday, isn’t it about time that the Australian government started strongly supporting initiatives like Law Week which nationally recognise the rule of law, advance access to justice and educate the public about the law’s pivotal role not only in Australia’s history of Federation but also our current legal system? Dedicated national legal education days, like Law Week, are an important tool for raising public interest and awareness around the law and legal issues.

Naturally, since we love love love love (LOVE!) the law, we’re 100% behind Law Week. It’s why we’re in the business of social impact legal publishing – to entertain, empower and inspire young non-lawyers about their everyday legal rights – not just for one day, or one week, but 365 days each calendar year.

So let’s help non-lawyers to see the law, less like an arbitrary and unattainable set of principles available only to a privileged few, and more like an easily intelligible part of everyday life that’s accessible to everyone.

Will you be participating in Law Week 2017? Let us know in the comments!

Further Information

To see a full list of Law Week 2017 activities (15-21 May 2017) happening in your State or Territory visit:

• ACT Law Society – Law Week
• Law Society of NSW – Law Week
• Victoria Law Foundation – Law Week
• Queensland Law Society – Law Week
• Northern Territory Law Society
• Law Society of South Australia
• Law Society of Western Australia – Law Week
• Tasmania Law Society

How many times have you been inspired with a great business idea? In the shower; at the gym or while talking with friends.

Of those moments of inspiration how many times have you acted on your idea; or failed to act and later discovered that someone else has made millions from a similar concept?

In the past, starting your own business has been fraught with personal and financial risk. But with technological advancements enabling problems to be solved faster as well as huge changes to the traditional job market, there has never been a safer time to pursue the start-up dream.

To ease the transition from a traditional 9am – 5pm role to the start-up world, we have put together a Young Entrepreneur’s Start-Kit: what you need to get your online business up and running, your main legal obligations, and how you can create an ethical and sustainable enterprise.

Today Is The Day: Name The Game

Naming your business should be the most intuitive part of the process but it can also be the most difficult. Set aside a few weeks to develop ideas. Make a list of 10 names, ranked from your most favourite to least favourite and ask for feedback from trusted friends and family.

Invest adequate time and thought into this stage of the process: your business name has the potential to make or break your business.

Some things to bear in mind:

• Your name should reflect the key focus of your business clearly and effectively
• Avoid using complicated names, numbers or made up words
• Choose a name that resonates with the customers you wish to attract – people will be more likely to buy your product or service.

Once you have your shortlist:

1. Search the Australian Business Name Register on ASIC Connect to make sure no one else has registered your business name.

2. If your name is available, conduct a trade mark check through IP Australia.

This is important to check that you are not infringing someone else’s trade mark by registering your business name. If you do not complete this step, and infringe an existing trade mark, you can expose yourself to expensive litigation, legal bills, disputes and it may cause your business to shut down before it even starts.

3. If your name is available, and does not interfere with a registered trade mark, go ahead and register your business name. To do this, you need to set up an ASIC Connect account.

4. The application process requires that you provide an ABN (Australian Business Number), or be in the process of applying for one, personal and birth details, email address, residential address, and address for the service of documents.

The cost of registering your business name is $34 for one year or $70 for 3 years.

Get An Internet Address: Domain Name Registration

Once you have registered your business name, you will need to register a domain name so that you can set up a business website.

Check to see whether the domain you wish to use has been registered using WhoIs.net.

A domain is the internet address where your potential customers can find your product or service. Just like your house has a physical address where visitors can locate you, customers visiting your website need a web address to find your business. It is critical to keep your domain name simple, memorable and as closely aligned with your business name as possible – if your customers cannot find you, they cannot buy your product or service.

If you are planning on selling your product or service to an Australian market, it is worthwhile registering a “.com.au” domain name through the Australian “.au Domain Administration Ltd”. Domains that use “.com.au” may only be registered if you have an ABN. This adds a layer of credibility to your enterprise by immediately showing visitors that you are registered to carry out business in Australia.

If you plan to expand your business internationally, however, it may be more appropriate to register a “.com” domain.

Domain names usually require yearly renewal and cost around $10-20 per year.

Purchase Prime Real Estate: Web Hosting

Before you can start creating your business website with your new domain, you need to purchase web hosting.

Web hosting is like a plot of real estate where you can start building your site. Your host will provide technical support for your site and often include free domain name registration when you sign up for a plan.

Some popular international hosting companies include GoDaddy, BlueHost and Hostgator. Although you may wish to choose a smaller option such as A Small Orange.

Prices and packages vary considerably between companies. Shop around and watch out for special offers. It is possible to obtain 2 years of web hosting for less than $200.

Build A Solid Foundation: Content Management System

Once you have your domain name and web host, you can begin building your business website.

To do this, you need a content management system (CMS) such as WordPress. StudioPress themes built on Genesis Framework are a good place to start.

Choosing the right content management system and website design is like deciding how your house will look on a piece of land.

Traditionally, small businesses have outsourced website design, however, this can set you back thousands of dollars. Using a solid content management system, such as WordPress, it is now entirely possible to construct your own site from scratch with no prior coding knowledge.

There are a large number of free themes, but purchasing a customisable premium theme for approximately $100 sets your business page apart from countless others built on free themes.

Select a theme that is mobile-friendly. Recent changes to an algorithm Google uses to rank websites means that mobile-friendly sites are now favoured in search results.

When choosing the design of your business site remember:

• Your website is the public face of your business and the first place your potential customers find out more about your product or service
• A customer will decide whether to buy from you within 2-5 seconds of visiting your site, so it is critical that your website design is clean, user-friendly and has everything your customer needs in one place
• Choose a few key colours and stick with them
• Make sure you have a clear and highly visible ‘call to action’ where your visitors can buy

Invest In A Fresh Coat Of Paint: Logo Design

If you wish to make an immediate impact with your business, it is worthwhile commissioning a professional to design your logo. Websites such as 99 Designs allow you to host design competitions where designers from around the world compete for a pre-determined fee (usually around $350-400).

There are also free online tools such as Logo Garden where you can create your own logo, or Graphic Springs which charges a small fee to download your final design.

Understand Which Laws Apply To Your Business

Part of being a successful entrepreneur is being aware of, and compliant with, laws that are applicable to your business and employees. The main legal areas you may encounter include:

• Business registrations

The registrations you require depend on the type of business you run. More information on registrations can be found here.

• Licences

The licences or permits you require are available from the Australian Business Licence and Information Service (ABLIS) and depend on the product or service you provide.

• Privacy Principles

As a business owner, you have obligations under the Australian Privacy Principles (APPs). To find out what your obligations are, or whether your business is required to comply, visit the Office of the Australian Information Commissioner (OAIC) website.

• Anti-bullying legislation

If you employ staff you are required to provide a safe work environment. Where an employee is repeatedly treated unreasonably by an individual or group, for example, they may apply to the Fair Work Commission for an order to stop the bullying at work continuing.

• Independent contractors

Your legal obligations differ depending on whether you hire someone to complete work as an employee or an independent contractor. The independent contractor decision tool can help you determine the difference.

• Unfair dismissal

Small businesses comprise less than 15 individuals and must comply with the Small Business Unfair Dismissal Code.

Establish An Ethical Company Culture

Start-ups grow at a breakneck pace. For new entrepreneurs this can mean that important foundational elements, such as being consciously ethical, are overtaken by the need to keep a new business afloat.

Growing your business from an ethical foundation, however, is crucial to its long term success. Studies indicate that ethical businesses enjoy greater success by gaining more investment, happier employees and attracting more customers.

The UN Global Compact, together with LexisNexis, is recognising the importance of ethical practices and the rule of law in the global business community. In a new initiative, the Business For The Rule Of Law Framework, businesses are encouraged to take a proactive approach to business ethics and the rule of law in everyday operations.

As a responsible business owner, this means that you can support the Business For The Rule Of Law Framework by modelling responsible conduct, engaging in efforts to help strengthen legal frameworks and promoting more accountable institutions in Australia.

Conclusion

Starting an online business is quicker, easier and more affordable than you might think.

Some of the greatest companies in history have been founded on opportunities that no one else can see. If you have been toying with the idea of starting your own business, what are you waiting for?

The only thing worse than starting something and failing is not starting something – Seth Godin

Make the decision to start and the hardest part will be behind you.

Further Information

• For more information on the Business Of Rule Of Law Framework visit: United Nations Global Compact. 

• For information and advice on legal issues impacting small business (such as contracts, employment, fair trading, leases, insurance, credit and debt recovery, finance and tax) view the online Small Business Legal Help Guide.

• To work through everyday ethical dilemmas anonymously and free, contact: Ethi-Call.