Article L511-3-1
The article Section L511-3-1 of the Education Code recognises bullying and stipulates that: «No pupil shall be subjected to bullying by other pupils with the aim or effect of undermining their learning conditions in a way that could infringe upon their rights and dignity or affect their physical or mental health.».
Control measures were therefore taken with a dual focus on prevention and punishment.
What are the prevention obligations?
The Education Code requires the governing boards of secondary schools to adopt a violence prevention plan, including an action programme against all forms of harassment (see Article R421-20 of the Education Code).
With particular regard to cyberbullying, training in the «responsible use of digital tools and resources» must be provided in all schools and educational establishments. This training must include awareness-raising on the prohibition of harassment in the digital space, how to protect oneself from it and the penalties incurred (see Article L312-9 of the Education Code). See the training courses offered by e-enfance for more information.
What are the penalties for bullying at school?
There are no specific penalties for bullying at school. By analogy, the penalties for harassment apply. The’Article L222-33-2-2 of the Criminal Code thus covers cases of harassment committed through the use of a public online communication service or via digital or electronic media. The article also covers digital raids or mob harassment when «the comments or behaviour are imposed on the same victim by several people acting in concert or at the instigation of one of them, even though each of these people may not necessarily have acted repeatedly». Bullying at school is very often found in this type of behaviour. It includes cases where revenge pornography as a form of cyberbullying involving the publication of recorded sexual content – with or without the consent of the person concerned – but disseminated against their will (see section 226-2-1 of the Criminal Code) and for which the penalties are increased: up to two years' imprisonment and a fine of €60,000.
The’Article L511-3-1 of the Education Code dedicated to hazing applies equally to all perpetrators, subject to their capacity for discernment. However, penalties are doubled when the acts are committed against a minor under the age of fifteen. Finally, they are tripled if at least two aggravating circumstances are present. In the case of school bullying, these may include the age of the minor and the use of online communication or digital media.
Therefore, whether on the part of the national education system or parents, it is important to promote the safe and ethical use of the Internet and mobile phones, and to develop a culture of mutual support and zero tolerance for any form of violence.
