What is cyberbullying and what are the consequences if you are found guilty?
Definitions
SafeBear Definition
"Cyberbullying refers to any abusive and repeated behavior online (social networks, SMS, forums, emails, game chats, dating apps...). It includes all content that aims to humiliate or harm a person (insults, threats, offensive comments, publication of degrading content...). These are aggressive messages spread on a large scale.
These attacks are incessant since the doors of the internet never close, not even at night, they give no respite to the victim. It only takes a few clicks to quickly humiliate someone. Cyberbullying can be perpetrated by one person or a group but also by masses of completely disorganized people who do not necessarily have any idea of the violence and combined consequences of their actions. It is a form of violence criminally punished that particularly affects young people."
CNIL Definition
The National Commission for Information Technology and Liberties (CNIL) identifies cyberbullying as "the fact of receiving repeated messages whose content is tinted with threats, insults or blackmail. The authors of these messages may also ask for money to stop, demand a meeting or request private information."
Ministry of National Education Definition
The Ministry of National Education defines cyberbullying as "an aggressive, intentional act perpetrated by an individual or a group of individuals through forms of electronic communication, repeatedly against a victim who cannot easily defend themselves alone."
Cyberbullying can take many forms
- Publishing photos or videos of a humiliating, degrading or private nature
- Hacking online accounts
- Sending incessant messages (SMS, emails, tweets)
- Spreading rumors or slander
- Identity theft on social networks
The consequences of this offense
Cyberbullying can have serious consequences for the victim, both psychologically and physically. It can cause mental health problems, such as anxiety, depression or post-traumatic stress. It can also lead to acts of violence, such as suicide or physical assault.
Cyberbullying and criminal sanctions
Cyberbullying is punishable by law.
Since 2014, there is a specific offense for internet harassment (article 222-3-2 of the Penal Code). A general offense and specific offenses relating to moral harassment are thus provided for, as well as aggravating circumstances, particularly when the acts were committed on the internet.
To strengthen the fight against cyberbullying, law n° 2018-703 of August 3, 2018 modified article 222-33-2-2 of the Penal Code.
This states:
"The act of harassing a person through repeated words or behaviors that have as their object or effect a degradation of their living conditions resulting in an alteration of their physical or mental health is punishable by one year of imprisonment and a fine of 15,000 euros when these facts have caused a total incapacity for work of less than or equal to eight days or have not resulted in any incapacity for work.
The facts mentioned in the first to fourth paragraphs are punishable by two years of imprisonment and a fine of 30,000 euros:
1° When they have caused a total incapacity for work exceeding eight days;
2° When they have been committed against a minor under fifteen years of age;
3° When they have been committed against a person whose particular vulnerability, due to their age, illness, disability, physical or mental deficiency, or state of pregnancy, is apparent or known to the perpetrator;
4° When they have been committed through an online public communication service or through a digital or electronic medium;
5° When a minor was present and witnessed them.
The facts mentioned in the first paragraph are punishable by three years of imprisonment and a fine of 45,000 euros when they are committed in two of the circumstances mentioned in 1° to 5°."
Cyberbullying is above all harassment and, for the offense to be constituted, the constitutive elements of the offense must be characterized.
The minimum sentence is doubled in cases where the victim is in a situation of vulnerability (age, pregnancy, illness, disability) and this vulnerability was apparent or known to the perpetrator.
Good to know: Law n° 2022-299 of March 2, 2022 aimed at combating school harassment created the offense of school harassment in the Penal Code. Thus, any act of moral harassment committed against a student or staff member of educational institutions constitutes school harassment punishable by a fine of up to 150,000 euros and imprisonment of up to 10 years.
Note: In middle and high schools, a disciplinary procedure can now be implemented when students commit acts of harassment or cyberbullying, including against students enrolled in another institution. This may involve reprimand, temporary or permanent exclusion (decree n° 2023-782 of August 16, 2023).
