Cyberbullying, online harassment, French law, digital platforms, social networks, Schiappa law, Digital Services Act, online content moderation
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Abstract
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Abstract
The French law has evolved to address cyberbullying and online harassment, introducing new offenses and regulations to combat these issues on digital platforms and social networks.
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[...] However, this material element is of primary importance for the identification and repression of online harassment acts. Nevertheless, we will focus on the repetitive nature before considering the means used to qualify the cyberbullying offense. The criterion of the repetition of the act The repetition of acts is a key element in identifying cyberbullying. Indeed, there is no harassment without repetition. The legislator emphasized in Articles 222-33 and 222-33-2-2 that harassment requires "repeated words or behaviors" because one of the distinctive characteristics of cyberbullying is its repetitive nature, which manifests continuously towards the victim. [...]
[...] §1: Online anonymity, an essential principle for using the Internet and an obstacle to identifying authors of cyberbullying Anonymity is a principle rule concerning the use of social networks but it makes it more accessible to authors of cyberbullying to hide their identity The definition of online anonymity and its justification Freedom of expression is the most fundamental liberty of democratic countries. It is recognized as such by the Universal Declaration of Human Rights of 1949 and the Declaration of the Rights of Man and of the Citizen of 178951. Freedom of expression is the condition for the exercise of other fundamental freedoms such as freedom of opinion. [...]
[...] Due to the diversity of people and age ranges that use Instagram, we may remove videos from a [...]
[...] Then, the DSA establishes reinforced reporting mechanisms. These mechanisms must allow users to report offending content more easily while having a better understanding of the reporting process and the consequences that follow. This regulation reminds platforms of their obligations to respect users' fundamental rights, whether it is their freedom of expression or the protection of their private life. Finally, the DSA establishes a strengthening of cooperation between digital platforms and authorities, this aspect is essential in the fight against cyberbullying49. [...]
[...] Mockery is also a common form of cyberbullying. It involves ridiculing, humiliating or harassing a person by spreading insulting comments, rumors, false information or compromising images on social media, forums or other online platforms. Furthermore, Article 27 of the law of 29 July 1881 on the freedom of the press defines the dissemination of false news as being: « the publication, diffusion or reproduction, by any means, of false news, fabricated, falsified or deceitfully attributed to third parties when, made in bad faith, it has disturbed public peace, or has been likely to disturb it notably via the diffusion of false news or hate online23. [...]
