Cyberviolence
22% of secondary school pupils report having experienced cyber violence such as cyberbullying.
Victim of cyber violence? Call the toll-free number 3018.
The number for young victims of cyberbullying and digital violence.
What is it about?
Cyberviolence refers to content sent, made public or shared via applications and social networks accessible on the internet and via smartphones, tablets, computers, etc.
They include:
- intimidation, insults, mockery, threats;
- hateful, defamatory or discriminatory comments
- humiliating, aggressive, abusive remarks
- incitement to hatred
- spreading rumours
- the disclosure of personal information or images (stolen and/or altered and/or offensive)
- unintentional exposure to offensive or violent content
- scams
- overexposure to screens...
Cyberviolence can be perpetrated by one or more individuals and target a single person or a group. It has specific characteristics:
- one very rapid dissemination of information. A single click can reach a large number of people. ;
- anonymity, whether online or behind a screen, promotes a sense of impunity or diminishes awareness of the consequences of one's actions. It can also make it difficult to identify the perpetrator.
- the absence of a time limit : they can be carried out at any time of the day or night and leave digital traces (a published photo can remain on the Internet for a very long time). Once the attacks have been published online, even the perpetrator cannot control the dissemination of the content.
DOWNLOAD THE GUIDE TO CYBERVIOLENCE BETWEEN STUDENTS
What does the law say?
Far from taking place in a legal vacuum, digital exchanges are driving changes in legislation, and the multiplier effect of electronic means of communication exacerbates violence when it takes the form of cyberviolence.
Insult and defamation: Act of 29 July 1881 on freedom of the press
Insults are punishable by a fine; if they are made in public, this constitutes an aggravating factor, as does any racist, sexist or homophobic nature.
Defamation is punishable by a fine; its publicity and racist, sexist or homophobic nature are also aggravating factors.
Sharing an insult or defamatory statement on social media may constitute a criminal offence.
Invasion of privacy
The right to privacy is one of the civil rights («Everyone has the right to respect for their private life,» Article 9 of the Civil Code).
«Any person who, by any means whatsoever, wilfully infringes upon the privacy of another person shall be punished by one year's imprisonment and a fine of €45,000:
- By capturing, recording or transmitting, without the consent of the author, words spoken in private or in confidence; ;
- By fixing, recording or transmitting, without the consent of the person concerned, the image of a person in a private place (Article 226-1 of the Criminal Code).
Happy slapping: Law No. 2007-297 of 5 March 2007 on crime prevention
The dissemination of recordings of such images is punishable by five years» imprisonment and a fine of €75,000 (Article 222-33 of the Criminal Code).
Identity theft on the Internet: Law No. 2011-267 of 14 March 2011 on guidelines and planning for internal security performance
«The act of usurping the identity of a third party or using one or more pieces of information of any kind that could identify them with the aim of disturbing their peace or that of others, or damaging their honour or reputation, is punishable by one year's imprisonment and a fine of €15,000. This offence is punishable by the same penalties when committed on a public online communication network» (Art. 226-4-1 of the Penal Code)..
Sexual cyberviolence: Law No. 2016-1321 of 7 October 2016 for a Digital Republic The Law for a Digital Republic creates Article 226-2-1 of the Criminal Code, which concerns sexual cyberviolence, Article 226-2-1 «When the offences referred to in Articles 226-1 and 226-2 relate to words or images of a sexual nature taken in a public or private place, the penalties shall be increased to two years» imprisonment and a fine of €60,000. The same penalties shall apply to the act of in the absence of the person's consent to its dissemination, bringing to the attention of the public or a third party any recording or document relating to words or images of a sexual nature, obtained with the express or presumed consent of the person or by the person themselves, by means of one of the acts provided for in Article 226-1 of the Penal Code."
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Bullying, cyberbullying, revenge porn, webcam blackmail, identity theft, gender-based and sexual violence, exposure to violent and pornographic content, etc., and all issues related to usage (video games, parental controls, account settings, overexposure to screens).
