The dangers of the cyberworld : a critical analysis on the legal aspects of cyberbullying

Abstract

Modern-day technology provides one with the ability to express oneself more freely than one would say or do in person. Despite the plethora of advantages the Internet offers, several forms of cybercrime have mushroomed, with cyberbullying becoming a fast-growing and troublesome issue that plagues modern society. Cyberbullying is a form of bullying that occurs via digital communications. Since computers and phones are online tools accessible by both young and old, the efficacy of reaching a broader audience comfortably behind a screen from anywhere in the world, is the reason why the incidence of cyberbullying has grown to worrying levels in comparison to traditional forms of bullying. The growing prevalence of psychological issues concerning traumas, depression and self-harm as a result of cyberbullying, requires more than ever the dire need of addressing the problem through a more specific and updated form of legislation. Social media platforms, blogs, websites, and instant messaging systems are increasingly popular nowadays and they all provide cyberbullies open access to monitor their target victims. With no specific law on cyberbullying, this critical analysis will delve into whether the current Criminal Code and other relevant legislation address this online crime holistically within the Maltese context and legislation. Recommendations are put forward to address legal and social aspects for both perpetrator and victim, justly and proportionately.