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Cyberbullying is a form of bullying that occurs through digital devices like cell phones, computers, and tablets. It involves using electronic communication to repeatedly or deliberately harm, intimidate, or coerce someone. While traditional bullying often involves face-to-face interaction, cyberbullying is unique because it can:

  • Be persistent: It can happen 24/7, making it difficult for victims to find relief, even at home.
  • Be anonymous: Perpetrators can often hide their identity, making it harder to hold them accountable.
  • Have a wider audience: Harmful content can spread quickly and widely, becoming permanent online.
  • Feel less real to the bully: The physical distance can make it easier for bullies to inflict harm without seeing the immediate emotional impact.

Yes, cyberbullying can be a crime in South Africa, especially since the Cybercrimes Act 19 of 2020 partially came into effect on 1 December 2021. This Act criminalises various forms of cybercrime, including those directly related to cyberbullying, such as:

  • Threatening violence or damage to property via electronic messages (Section 14 & 15).
  • Unlawfully disclosing intimate images without consent (Section 16).
  • Additionally, other laws can apply:
  • Electronic Communications and Transactions Act (ECTA): Prohibits using electronic communications to harass or defame.
  • Protection from Harassment Act: Allows for obtaining a protection order against harassment, which can include cyber harassment.
  • Criminal offences: Actions like crimen injuria (impairing dignity), criminal defamation, and sexual exploitation/grooming can be prosecuted if they occur online.
     

Cyberbullying can take many forms, including:

  • Sending mean, hurtful, or threatening text messages or emails.
  • Spreading lies or rumours about someone on social media.
  • Posting or sharing embarrassing pictures or videos without consent (e.g., "revenge porn").
  • Creating fake profiles to impersonate someone and send nasty messages.
  • Excluding someone from online groups or conversations.
  • Harassing or stalking someone online.
  • "Doxxing" - sharing someone's personal details (like their home address or phone number) publicly without their permission.
  • Inciting violence or damage to property through electronic messages.

Look out for changes in behaviour and mood, which can include:

  • Becoming upset, sad, or unusually quiet after using their phone or the internet.
  • Emotional withdrawal or secrecy about online activities.
  • Sudden disinterest in social activities, school, or hobbies they once enjoyed.
  • Reluctance to go to school or avoid specific classes.
  • Changes in mood, behaviour, sleep patterns, or appetite.
  • Increased anxiety when receiving texts, emails, or using social media.
  • Avoiding discussions about their online life.
  • Physical symptoms like stomach aches or headaches, sometimes used as an excuse to avoid situations.

Yes. In South Africa, a child's best interests are paramount in every matter concerning them, as per Section 28(2) of the Constitution. This means that a child's right to privacy can be limited if it's in their best interest. Parents have a legal and ethical duty to protect their children, which includes supervising their online activities to safeguard them from harm. This can involve educating them, observing their behaviour, proactive monitoring, and using parental control software.

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Cyberbullying

Cyberbullying is the intentional use of electronic communication—such as social media, messaging apps, or email—to threaten, humiliate, or cause harm to another person. It includes behaviour like spreading false rumours, sharing intimate images without consent, or posting abusive content online.

This form of abuse is often continuous and invasive, as harmful material can circulate widely and remain accessible long after the initial incident. The psychological and reputational damage can be severe, particularly for minors and vulnerable individuals.

Cyberbullying Law

South African law recognises the real-world harm caused by online harassment and provides several legal avenues for protection. Victims are no longer left to rely only on general harassment laws—cyberbullying is now specifically addressed under modern legislation.

The Cybercrimes Act 19 of 2020 directly criminalises harmful digital conduct, including threats, harassment, and the unlawful sharing of intimate or personal content. It works alongside other key statutes, ensuring that victims can take effective legal action while holding perpetrators accountable both criminally and civilly.

Legal Action Against Cyberbullying

Victims of cyberbullying have several legal remedies available to stop the abuse and hold perpetrators accountable. South African law now recognises cyberbullying as a punishable offence through a combination of statutes that address online harassment, defamation, and the unlawful sharing of personal information.

The key laws that can be applied include:

  • Electronic Communications and Transactions Act (ECTA): Prohibits using electronic communication to harass, intimidate, or defame another person.
  • Film and Publications Act (FPA): Regulates the distribution of harmful online material and provides additional protection for children targeted through digital content.
  • Protection from Harassment Act: Allows victims to apply for a protection order against anyone engaging in repeated or threatening online conduct. Breaching such an order can lead to arrest and criminal charges.
  • Cybercrimes Act: Criminalises acts such as online threats, data message harassment, and the non-consensual sharing of intimate images. Convicted offenders can face fines or imprisonment for up to three years.

Together, these laws empower victims to pursue criminal complaints, obtain court orders, and seek damages for reputational or emotional harm caused by cyberbullying.

Legal Recourse for Cyberbullying Victims

If you are a victim of cyberbullying, the law provides several routes to stop the abuse and seek accountability. The most effective approach depends on the type of conduct, the evidence available, and whether criminal or civil remedies are appropriate.

1. Laying a Criminal Complaint

Victims can open a criminal case at their nearest police station under the Cybercrimes Act. Offences include threats of violence, harassment through electronic messages, and the distribution of intimate or harmful content without consent. The police may refer cases to specialised cybercrime units for investigation and prosecution.

2. Applying for a Protection Order

Under the Protection from Harassment Act, victims may apply for a protection order in the Magistrate’s Court. This order compels the perpetrator to cease all contact and remove harmful online material. Breaching the order can result in immediate arrest and criminal prosecution.

3. Pursuing Civil Damages

In addition to criminal penalties, victims can claim financial compensation for reputational damage, emotional distress, or financial loss caused by cyberbullying. Civil claims can be based on defamation or actio iniuriarum (injury to dignity).

4. Engaging Regulatory and Oversight Bodies

Victims, especially minors, can report harmful content to the Film and Publication Board for takedown or classification. The South African Human Rights Commission may also intervene where cyberbullying infringes constitutional rights, such as dignity or privacy.

These mechanisms work together to provide victims with both immediate protection and long-term redress. Prompt legal action and proper evidence collection are critical to achieving a successful outcome.

Cyberbullying Involving Minors

Children are among the most vulnerable targets of online harassment, and the law provides specific safeguards to protect them. Cyberbullying involving minors is taken seriously, particularly where the conduct includes threats, sexualised content, or the sharing of personal information.

When a child becomes either the victim or the perpetrator of cyberbullying, several laws work together to ensure fair and balanced handling of the matter. The Cybercrimes Act criminalises acts such as digital threats or the non-consensual sharing of intimate images, while the Child Justice Act governs how cases involving offenders under 18 are processed.

Parents or guardians can open a criminal case on behalf of a child victim. The court may also grant a protection order to prevent further harassment or exposure to harmful content. If the offender is under 10, they cannot be held criminally liable, but parents may, in some instances, face liability for failing to act or for enabling the behaviour.

For young offenders aged 10 to 18, imprisonment is a measure of last resort. The justice system prioritises rehabilitation, education, and restorative outcomes to prevent reoffending and encourage accountability.

What Should You Do if You Are Being Cyberbullied?

Beyond legal action, there are practical measures that can help reduce the impact of cyberbullying and prevent further harm. Victims should avoid engaging with the perpetrator and instead focus on documenting the behaviour and securing evidence. Screenshots, saved messages, and URLs can serve as vital proof in both criminal and civil proceedings.

All incidents should be reported to the relevant platform or service provider for removal or suspension of the offending account. Where minors are involved, parents should maintain open communication, educate children about safe online conduct, and monitor their digital activity responsibly.

Prompt reporting and consistent documentation not only strengthen legal cases but also help contain the spread of harmful content.

VDM Attorneys – Cyberbullying Lawyer and Law Firm

Cyberbullying can cause significant emotional and reputational harm, but the law provides concrete remedies.

At VDM Attorneys, we assist victims by combining legal expertise with a clear understanding of digital evidence, online behaviour, and the available remedies under South African law.

Contact us for professional legal guidance and confidential assistance in addressing cyberbullying and restoring your sense of security.