{"id":2934,"date":"2024-08-21T10:51:41","date_gmt":"2024-08-21T08:51:41","guid":{"rendered":"https:\/\/law-at-work.co.za\/?p=2934"},"modified":"2024-08-21T10:51:41","modified_gmt":"2024-08-21T08:51:41","slug":"cyberbullying-is-a-crime","status":"publish","type":"post","link":"https:\/\/law-at-work.co.za\/index.php\/2024\/08\/21\/cyberbullying-is-a-crime\/","title":{"rendered":"Cyberbullying is a crime"},"content":{"rendered":"\n<figure class=\"wp-block-image size-full\"><img loading=\"lazy\" decoding=\"async\" width=\"998\" height=\"348\" src=\"https:\/\/law-at-work.co.za\/wp-content\/uploads\/2024\/08\/image.png\" alt=\"\" class=\"wp-image-2935\" srcset=\"https:\/\/law-at-work.co.za\/wp-content\/uploads\/2024\/08\/image.png 998w, https:\/\/law-at-work.co.za\/wp-content\/uploads\/2024\/08\/image-300x105.png 300w, https:\/\/law-at-work.co.za\/wp-content\/uploads\/2024\/08\/image-768x268.png 768w\" sizes=\"auto, (max-width: 998px) 100vw, 998px\" \/><\/figure>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Cyber bullying is a growing concern worldwide, and South Africa is no exception.&nbsp; With the rise of social media, online platforms and digital devices, cyber bullying has become an increasing threat to individuals\u2019 well-being and safety.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Bullying is defined as an intentional wrongful act (whether by physical act, in verbal- or written form, or even by gesture), performed by either an individual or group of persons, which directly infringes an individual\u2019s dignity and thereby constitutional rights.&nbsp; It also often repeated, and not a once-off occurrence.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">South Africa previously did not have a legislative framework in place that specifically dealt with cyberbullying.&nbsp; To pursue some form of legal recourse, victims had to rely on criminal and\/or civil laws remedies, such as obtaining a protection order.&nbsp; They could also report a criminal charge in this regard based on:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><em>Crimen injuria: <\/em>this refers to where the dignity of the victim is injured, for example, if a child is being teased and humiliated by using improper or racially offensive language.\u00a0 It may include the intentional and unlawful publication of a matter concerning another person which damages his\/her reputation, for example, posting lies about someone on social media for everyone to see.<\/li>\n\n\n\n<li>Sexual exploitation and grooming: refers to threatening someone to obtain something from him\/her, such as pornographic images.\u00a0<\/li>\n\n\n\n<li>Contraventions of POPIA or the Cybercrimes Act: this refers to the intentional and unlawful publication of a matter concerning another person which discloses personal details or damages his\/her reputation, for example, posting lies about someone on social media for everyone to see.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">The Cybercrimes Act 19 of 2020 is regarded as a major milestone that brings South Africa\u2019s cybersecurity laws in line with international standards.&nbsp; The Act criminalizes a wide variety of cybercrimes, examples of crimes specifically associated with cyberbullying include the following:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>electronic messages or social media posts towards a person that incite or threaten that person with violence or damage to his\/her property; and<\/li>\n\n\n\n<li>the disclosure of intimate images of an identifiable person without his\/her consent or link an identifiable person to such an image in the description of a data message.\u00a0 Intimate images refer to nude images, images of a person\u2019s private parts (even if that person is wearing clothes), or even edited images where a person is identifiable.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Those impacted by this form of conduct now has a specific definition in terms of which they can report the criminal conduct to the police for investigation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>EFFECTS OF CYBER BULLYING ON SOCIETY AND EMPLOYERS<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The effects of cyberbullying on individuals and society in South Africa can be devastating.&nbsp; Victims of cyberbullying may experience a range of emotional and psychological issues, including depression, anxiety, and post-traumatic stress disorder (PSTD).&nbsp; They may also suffer from decreased self-esteem, increased feelings of social isolation, and a reluctance to participate in school or social activities.&nbsp; In some cases, cyberbullying has even led to suicide, making it a matter of urgent concern for individuals and communities across South Africa.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The impact of cyberbullying is not limited to the individual victim, but can also have a ripple effect on families, friends, colleagues and the broader community, creating a culture of fear and mistrust.&nbsp; Addressing the impact of cyberbullying will require a coordinated effort from educators, parents, and policymakers, as well as mental health professionals and social workers.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Cyberbullying can also have a negative impact on the image and reputation of the employer of the perpetrator as they are considered as part of the incident, especially if the employer does not take the appropriate steps to strictly address the blameworthy conduct.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Employers are best advised to take the first step to combat this form of misconduct, being to implement a Bullying and Harassment Policy which should be followed by an awareness programme.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Cyber bullying is a growing concern worldwide, and South Africa is no exception.&nbsp; With the rise of social media, online platforms and digital devices, cyber bullying has become an increasing &#8230;<\/p>\n","protected":false},"author":1,"featured_media":2936,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50],"tags":[],"class_list":["post-2934","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-newsletter"],"_links":{"self":[{"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/posts\/2934","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/comments?post=2934"}],"version-history":[{"count":1,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/posts\/2934\/revisions"}],"predecessor-version":[{"id":2937,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/posts\/2934\/revisions\/2937"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/media\/2936"}],"wp:attachment":[{"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/media?parent=2934"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/categories?post=2934"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/tags?post=2934"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}