Cyberbullying: Sentence and fine
Cyberbullying, online bullying, or cyberintimidation is punishable by law and is defined as Article 222-33-2-2 of the Criminal Code, created by Law No. 2014-873 of 4 August 2014 and amended by Law No. 2018-703 of 3 August 2018, as follows:
Harassing a person through repeated comments or behaviour intended to or resulting in a deterioration of their living conditions, leading to an impairment of their physical or mental health, is punishable byone year's imprisonment and a fine of €15,000 where such acts have caused total incapacity for work for a period of eight days or less, or have not resulted in any incapacity for work.
The offence is also constituted:
a) When such remarks or behaviour are imposed on the same victim by several persons, acting in concert or at the instigation of one of them, even though each of these persons has not acted repeatedly; ;
b) When such remarks or behaviour are imposed on the same victim, successively, by several persons who, even in the absence of concerted action, are aware that such remarks or behaviour constitute a repetition.
The law therefore considers cyberbullying to be an aggravated form of psychological harassment.
Thus, according to the’section 222-33-2 of the Criminal Code, Cyberbullying is a aggravating circumstance of psychological harassment, «when the acts were committed through the use of an online public communication service or via a digital or electronic medium». Cyberbullying can therefore be defined as harassing someone using a digital or internet communication tool or medium., whether on a website or any social network.
It is a offence is punishable and penalties vary depending on the circumstances:
- When the perpetrator is an adult and the victim is over fifteen years of age, the perpetrator faces up to two years' imprisonment and a fine of €30,000. If the victim is under fifteen years of age, the maximum sentence is increased to three years' imprisonment and 45 000 € fine.
- When the author is a minor, specific rules apply if he is under 13 years of age. If he is over 13 years of age and the victim is over 15 years of age, the maximum sentence is increased to one year in prison and a fine of €7,500. If the victim is under 15 years of age, the sentence is increased to 18 months and a fine of €7,500.
The cyberbullying, also known as mobbing are punished in the same way. This phenomenon occurs when several people harass the same victim at the same time or in succession. Members of an incriminated group may be punished individually without having acted repeatedly or in concert.
According to the Ministry of Education, cyberbullying is defined as «an aggressive, intentional act perpetrated by an individual or group of individuals using electronic forms of communication, repeatedly against a victim who cannot easily defend themselves».
The platforms for cyberbullying
Cyberbullying can take the following forms:
- mobile phones
- instant messaging
- forums
- chats
- online games
- emails
- social media
- photography sharing site
- blogs
Harassment is the act of making repeated comments or engaging in repeated behaviour with the aim or effect of degrading the victim's living conditions. This results in a deterioration in the physical or mental health of the person being harassed (anxiety, stomach ache, etc.).
It is the frequency of the comments and their insulting, obscene or threatening content that constitutes harassment.
Online harassment is harassment that takes place via the internet (on social media, forums, multiplayer video games, blogs, etc.). It is also referred to as cyberbullying.
The comments in question may be comments posted by internet users, videos, image montages, messages on forums, etc.
Online harassment is punishable whether the exchanges are public (on a forum, for example) or private (between friends on a social network).
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