CYBERBULLYING
By Omphulusa Shelton Mahandana
Cyberbullying is an aggressive and intentional act involving bullying and harassment through the use of electronic devices or technology [see Elizabeth A. Martin and Jonathan Law, Dictionary of Law, Oxford University press; 7th edition (2009).
The most common places where cyberbullying occurs are:
- Social networking sites such as Facebook, Instagram, Snapchat, Twitter, and TikTok.
- Text messaging and messaging apps on mobile or tablets devices.
- Instant messaging, direct messaging, and online chatting over the internet.
- Online gaming communities.
- Pictures and video clips through mobile phones.
- Website and blogs.
- Hacking into someone social networking profile.
- Spreading secret or rumors about people online.
- Pretending to be someone else to spread hurtful messages online.
Legal consequences of cyberbullying
The perpetrator may be criminally charged with the following offences:
- CRIMEN INIURIA – consists of the unlawful, intentional, and serious violation of dignity or privacy of another person.
- ASSAULT– any unlawful and intentional act or omission which results in another person’s bodily integrity being directly or indirectly impaired or which inspire a belief or fear in another person that such impairment will be carried out.
- CRIMINAL DEFAMATION – is the unlawful and intentional publication of a matter concerning another, which tends to seriously injure his or her reputation. This includes both verbal or written defamation.
- EXTORTION – is committed when a person unlawfully and intentionally obtains some advantage, which may be of either a patrimonial or non-patrimonial nature, from another, by subjecting the latter to pressure, which induces him or her to hand over the advantage.
The perpetrator may also be sued for damages.
- It is important to note that cyberbullying, though done in a ‘playful’ manner, can still attract legal consequences and perpetrators can be held liable.
Kindly refer to Cybercrimes Act 19 of 2020 for more information.
