A/HRC/31/20
adopted the Harmful Digital Communications Act,12 which criminalizes sending messages
and posting material online that deliberately cause serious emotional distress or incitement
to commit suicide. The new legislation is designed to deter and prevent harmful
communications, reduce their impact on victims and establish new systems for quickly
resolving complaints and removing damaging online material. It provides a broad range of
remedies that a district court can order, including taking down material; publishing a
correction or an apology or giving the complainant a right of reply; or releasing the identity
of the source of an anonymous communication.
87.
Other countries have also established new remedies in law to enable victims of
cyberbullying to initiate civil proceedings against the bully or seek protection orders. These
measures include prohibiting communication with a specified person, restricting the use of
any means of electronic communication or confiscating, temporarily or permanently, an
electronic device used for cyberbullying.
88.
Another approach involves the establishment of a dedicated body with a mandate to
tackle cyberbullying. Such a body could have a range of functions including the
investigation of complaints regarding cyberbullying, setting standards for online safety,
liaising with Internet intermediaries and end users responsible for generating content to find
a swift resolution to the complaint, or issuing formal requests to Internet intermediaries or
end users to remove material from the Internet. For example, the Enhancing Online Safety
for Children Act 2015 adopted by Australia13 provides for the establishment of a children’s
e-safety commissioner, whose principal function is to administer a complaints system for
cyberbullying material that provides for the rapid removal from social media of such
material targeted at a child, while also promoting online safety for children.
89.
A final example is an approach whereby national legislation focuses on the school
setting, in view of its critical potential to prevent and tackle this phenomenon. In these
cases, legislation may specify prohibited conduct; identify the vulnerable groups that
should particularly benefit from anti-bulling initiatives; inform victims of ways of redress;
provide detailed guidance on the investigation of incidents; and advise on the training of
staff to help prevent, identify and respond to bullying.
90.
In the Philippines, the Anti-Bullying Act of 201314 introduced measures requiring all
elementary and secondary schools to adopt policies to address bullying, including when
committed through the use of technology or any electronic means. The law establishes
mechanisms and relevant reporting requirements and provides for sanctions for noncompliance.
Prevention, awareness-raising and children’s empowerment
91.
Preventing cyberbullying is a priority for children and adults. Often occurring on a
continuum, it needs to be tackled in schools and in the home. Initiatives in this area
encompass awareness-raising and understanding what constitutes cyberbullying and its
associated risks and consequences, both intended and unintended. In this process it is
important to promote an ethical approach to cyberspace communication, strengthening the
values of respect and concern for others among children and their sense of responsibility to
prevent discrimination and promote online safety; it is equally essential that children learn
ways of ensuring their own protection, including by learning how to identify the types of
online risks, ways of coping with the distress online abuse causes, ways to enhance their
12
13
14
Available from www.justice.govt.nz/policy/criminal-justice/harmful-digital-communications/keymeasures.
Available from www.comlaw.gov.au/Details/C2015A00024.
Available from www.gov.ph/2013/09/12/republic-act-no-10627/.
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents