Communication and the ways in which we interact with others are increasingly mediated by digital devices. This radical change is bringing with it several new social problems, including cyberbullying. This phenomenon, which has emerged in recent years from numerous news events, is constantly evolving as it follows the progress of communication technologies hand in hand, exploiting their potential. Precisely for this reason it is important to remember that cyberbullying is a crime.

Like bullying in its most common nature, cyberbullying is a form of bullying and oppression repeated over time, perpetrated by one person or group to the detriment of others considered more fragile. The main distinction from the classic one is that cyberbullying takes place and is implemented through the use of the web and digital systems. This obviously has huge repercussions in real life as well.

Cyberbullying is a crime: what does the law say?

On 18 May 2017 with law 71/2017, the Italian Parliament approved the “Provisions for the protection of minors for the prevention and contrast of the phenomenon of cyberbullying”. A new and awaited rule for the protection of minors to prevent and combat virtual bullying with mainly re-educational and training measures.

This law, in addition to establishing that cyberbullying is a crime, defines the central role of the School and the responsibilities of parents of minors. The behaviors to be adopted between the parties and all aspects are further clarified in the Guidelines for the prevention and fight against cyberbullying.

Thanks to law 71/17, a legal definition is introduced for the first time:

“Any form of pressure, aggression, harassment, blackmail, insult, denigration, defamation, identity theft, alteration, illicit acquisition, manipulation, illicit treatment of personal data to the detriment of minors, carried out electronically, as well as the dissemination of online content relating to one or more members of the minor’s family whose intentional and predominant purpose is to isolate a minor or a group of minors by placing serious abuse, malicious attack, or ridicule of them. ” (Art. 1- Paragraph 2).

What are the penal behaviors?

Young people who bully therefore commit crimes, in these cases the criminally relevant behaviors are:

• beatings (art.581),
• personal injury (Article 582),
• insult (art.594),
• defamation (Article 595),
• private violence (Article 610),
• threat (Article 612),
• damage (Article 635).

In the most serious cases, a report to the police or judicial authorities is sufficient to trigger a criminal proceeding, in the other, together with the report, it is also necessary to initiate a complaint against the perpetrator of the crime.

Unfortunately, the most common mistake is to fall into the psychological trap of the bully by doing his game. Instead, we must not be afraid to report the abuses suffered to the police and competent authorities. This is the best way to stop such harmful conduct and incentivize other victims to do the same.