A/HRC/31/20
Human rights standards and protection of children from cyberbullying
80.
Although drafted at a time when the challenges associated with violence in
cyberspace could hardly be anticipated, the Convention on the Rights of the Child and the
Optional Protocols thereto provide a robust framework for addressing the challenges
associated with online abuse.
81.
Guided by article 19 of the Convention, which calls for the protection of children
from all forms of violence, the Committee on the Rights of the Child, in its general
comment No. 13 (2011) on the right of the child to freedom from all forms of violence,
addressed psychological bullying and hazing by adults or other children, including via
information and communications technologies such as mobile phones and the Internet, i.e.,
cyberbullying (para. 21).
82.
The Committee noted that the State’s obligation to prevent and tackle violence
against children, including cyberbullying, requires the implementation of educational
measures that address attitudes, traditions, customs and behavioural practices which
condone and promote violence against children. These measures include the provision of
accurate, accessible and age-appropriate information to children regarding life skills, selfprotection and specific risks, including those relating to ICTs; support for children to
develop positive peer relationships and combat bullying; and children’s empowerment,
including promoting their right to be heard. Although these measures can be initiated and
implemented by both State and civil society actors, the ultimate responsibility rests with the
State (para. 44).
Preventing and responding to cyberbullying
83.
Important efforts are being made by countries around the world to prevent and
address cyberbullying, including the adoption of national legislation. Legislation is an
essential building block of a robust national child protection system. It conveys a clear
message to society about how to ensure the protection of children and fight impunity, and it
provides the foundation for a culture of respect for children’s rights, triggering a process of
lasting change in attitudes and behaviour that will overcome prejudice and the social
acceptance of abuse. Few States have as yet adopted explicit legal provisions on
cyberbullying, which is often addressed within the wider context of legislation on bullying.
Specific legislation has been introduced only recently, making it difficult to draw firm
conclusions about its impact and long-term effectiveness.
84.
As with legislation addressing other forms of violence, legislation on cyberbullying,
needs to be supported by additional measures, including awareness-raising and social
mobilization initiatives, education efforts and campaigns, and capacity-building of
professionals working with and for children. In developing appropriate law, it is important
to consider that cyberbullying affects children differently depending on their age group,
with the main challenges arising for children between 13 and 17 years of age. Legal
provisions should ensure the effective protection of children and prevent their further
victimization while clarifying responsibilities for prevention and response.
85.
Several approaches have been pursued in developing national legislation on
cyberbullying. Some States consider that there is no need for additional legislation. This
may be the case where the existing criminal law provisions concerning harassment, assault,
disclosure of personal information and incitement to hatred provide sufficient protection.
Such provisions may be supplemented by civil remedies, for instance through an ombuds
institution or data protection agency.
86.
Other countries have introduced new offences specific to cyberbullying to address
its distinct aspects, such as the disclosure of intimate photographs without consent, indirect
harassment and malicious impersonation online. For example, in July 2015, New Zealand
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