Cyberbullying and the law: A review of psychological and legal challenges

Cyberbullying, in its different forms, is common among children and adolescents and is facilitated by the increased use of technology. The consequences of cyberbullying could be severe, especially on mental health, potentially leading to suicide in extreme cases. Although parents, schools and online social networking sites are encouraged to provide a safe online environment, little is known about the legal avenues which could be utilised to prevent cyberbullying or act as a deterrent to such. This article attempts to explore current laws, and the challenges that exist to establishing cyberbullying legislation in the context of the UK. It is arguable that a number of statutes may be of assistance in relation to cyberbullying, namely Education and Inspections Act 2006, Protection from Harassment Act 1997, Communications Act 2003, Telecommunication Act 1988, Public Order Act 1986, Obscene Publications Act 1959, Computer Misuse Act 1990, Crime and Disorder Act 1998, Defamation Act 2013. However, given the lack of clear definition of bullying, the applicability of these laws to cyberbullying is open to debate. Establishing new legislation or a modification to existing laws is particularly challenging for a number of reasons, namely: an absence of consistent bullying/cyberbullying definition, a difficulty in determining intention to harm or evidence of such, a lack of surveillance, a lack of general awareness, issues surrounding jurisdiction, the role of technology, and the age of criminal responsibility. These challenges are elaborated and discussed in this article.