Cyberbullying - Part 1
As of the 10th of August 2023, Earthweb reported that globally, 4.9 billion individuals are estimated to be using social media. Of that number (and according to Search Engine Journal) 59.9% represents the global population and 92.7% of all internet users.
Added to the above, 54% of teenagers in the U.S. alone say that it would be hard for them to give up social media (Search Engine Journal).
Those are staggering numbers of people using one form of social media platform daily. And a surprising number of people who cannot imagine their lives without social media. In fact, the average time spent on social media every day is 2 hours and 24 minutes.
That is incessant connectivity, continuous information being digested and multiple ways to keep in touch with friends, family, and strangers alike.
The problem with this – as one can imagine – is the ease with which information, ideas and opinions are shared across multiple platforms. Be that through SMS, Text, apps like WhatsApp, or online in social media platforms like Facebook, Instagram, Snapchat, Pinterest, TikTok, X, Reddit, YouTube, or gaming platforms where people can view, participate in, or share content.
And that, unfortunately, results in a hefty breeding ground for human nature. For people to get nasty. For people to get mean. And for people to be subjected to bullying.
But today what is generally understood by the term “bullying” is – as we can see – no longer only happening on the sports fields or in boardrooms. Bullying follows you wherever you go. Because being online and connected follows you wherever you go. There’s no distancing yourself from it, there’s no forgetting it’s happening because – if people are using social media 2 ½ hours per day - the bullying is forever present.
Bullying in today’s world is called Cyberbullying.
What is Cyberbullying?
According to UNICEF –
“Cyberbullying is bullying with the use of digital technologies. It can take place on social media, messaging platforms, gaming platforms and mobile phones. It is repeated behaviour, aimed at scaring, angering, or shaming those who are targeted”.
Cybersmile goes a little further in their definition of cyberbullying –
“To constitute cyberbullying – the perpetrator uses technology such as computers, consoles, cell phones and/or any other device with access to the internet or social media to harass, stalk or abuse another person by instigating or participating in online hate campaigns. Although most media coverage indicates that cyberbullying is a problem exclusive to social media – it is also very problematic within the online gaming community”.
It’s important to remember that while cyberbullying refers to bullying on online it’s also a blanket term used to describe many forms of online abuse including harassment, reputation attacks, revenge porn and even threatening someone’s life over text messages. These acts of online abuse are considered crimes under the Cybercrimes Act 19 of 2020 (the “Act”).
But cyberbullying goes way beyond just the spreading of lies or threatening messages. According to Cybersmile there are different methods of cyberbullying, and they are –
1. Harassment – when you’re being harassed online, it involves being subjected to incessant abusive or malicious messages by a single person or multiple people. Messages are usually of a threatening manner.
2. Doxing – when an individual or group of people distribute another person’s personal information such as their home address, cell phone number or place of work onto social media or public forums without that person’s permission to do so.
3. Cyberstalking – when the perpetrator makes persistent efforts to gain contact with the victim. Often the stalker will have deep feelings towards the victim (whether good or bad) and may even move the stalking into the real world.
4. Revenge porn – when sexually explicit or compromising images of a person have been distributed onto social media or shared on a revenge porn website without the victim’s permission to do so. Normally, images of this nature are posted by an ex-partner, who does it with the purpose of causing humiliation and damage to the victim’s reputation.
5. Swatting – when someone calls emergency responders with claims of dangerous events taking place at an address. Swatting causes panic and fear for the victim when the arms response arrives “on scene”.
6. Corporate attacks – used to send masses of information to a website in order to take the website down and make it non-functional. Corporate attacks can affect public confidence, damaging businesses reputations and in some instances, force them to collapse.
7. Account hacking – when cyberbullies hack into a victim’s social media accounts and post abusive or damaging messages. This can be particularly damaging for brands and public figures.
8. False profiles – done with the purpose to damage a person or brand’s reputation. This can easily be done by obtaining publicly available images of the victim and making the account appear as authentic as possible.
And there are obviously some concerns here
While cyberbullying is bad enough, there are some special concerns that need to be considered. According to Stop Bullying this includes -
“With the prevalence of social media and digital forums, comments, photos, posts, and content shared by individuals can often be viewed by strangers as well as acquaintances. The content an individual shares online – both their personal content as well as any negative, mean, or hurtful content – creates a kind of permanent public record of their views, activities, and behaviour. This public record can be thought of as an online reputation, which may be accessible to schools, employers, colleges, clubs, and others who may be researching an individual now or in the future. Cyberbullying can harm the online reputations of everyone involved – not just the person being bullied, but those doing the bullying or participating in it. Cyberbullying has unique concerns in that it can be:
Persistent – Digital devices offer an ability to immediately and continuously communicate 24 hours a day, so it can be difficult for children experiencing cyberbullying to find relief.
Permanent – Most information communicated electronically is permanent and public, if not reported and removed. A negative online reputation, including for those who bully, can impact college admissions, employment, and other areas of life.
Hard to Notice – Because teachers and parents may not overhear or see cyberbullying taking place, it is harder to recognize”.
What to do if you or someone you know is being cyberbullied?
1. Lay charges at the police station – if the bullying amounts to crimen injuria ((unlawfully, intentionally, and seriously impairing the dignity of another such as stalking, emotional, or psychological abuse) or assault, this becomes a criminal matter.
2. Get an attorney and sue the bully – if the victim of the bullying wants to sue the bully for defamation (the wrongful and intentional publication of defamatory words or conduct that refers to another person), this would be a civil claim and would require representation by an attorney.
3. Get a protection order – the victim of the bullying can obtain a protection order in terms of the Protection from Harassment Act 17 of 2011. The Court would need to be satisfied that bully has harassed, is harassing the victim and that harm has or may be caused.
4. Report to online platforms – with online bullying, sometimes the best course of action is to address the situation by reporting to online platforms. Take Down Notices can be issued to remove the bullying content (News24).
We will be looking at the various Acts that safeguard against cyberbullying in our next article. Look out for it!
In the meantime, if you have any questions on the information we have set out above or have a personal issue which you want to discuss with us, please don’t hesitate to contact us at NVDB Attorneys.
We are a law firm that considers honesty to be core to our business. We are a law firm that will provide you with clear advice and smart strategies - always keeping your best interests at heart!
Helpful organisations
ChildLine South Africa which helps children who are victims of any type of abuse/bullying/victimisation and are contactable on 08000 5000 and at www.childlinesa.org.za
FAMSA has offices nationwide and gives counselling to the abused and their families. To find your nearest FAMSA branch, call 011 975 7101, email national@famsa.org.za or visit their website www.famsa.org.za.
Through #SayItLikeYouMeanIt, Cadbury provides cyberbullying victims with access to a chatline where they will be directed through a series of questions and based on their responses get guidance on how to deal with the cyberbullying situation. For severe cases, there will also be an option to receive further help from SaveTNet, an independent safety net for cybercrime victims who require assistance from experts.
Simply save 061 979 7217 to your contacts and send a WhatsApp message with the word HELP to activate the conversation (Cadbury Joy Vault).
