Child protection rapporteur in call to criminalise cyberbullying

Dr Geoffrey Shannon, the special rapporteur for child protection, has called for criminal law to be updated to allow for the successful prosecution of cyberbullies.

Dr Shannon told The Irish Times that “various pieces of legislation” that could be applied to online harassment were outdated and may not lead to successful prosecutions.

He said the potentially “devastating” impact of cyberbullying required a “robust legislative response”.

He also said schools should be mandated to draw up an online code of conduct for pupils.

Dr Aisling Parkes, lecturer in law at University College Cork (UCC), raised concern about the potential prosecution of children for cyberbullying offences.

Dr Parkes told Irish Legal News: “I don’t necessarily believe that the criminalisation of cyber-bullying is appropriate given that the young people involved may not understand the impact their actions and words may have in the online world.

“Unless time, funding and resources are dedicated towards educating young people about cyber-bullying then essentially what we are doing is criminalising young children for something they don’t necessarily understand.

“Furthermore, while the prevention of cyber-bullying is important, so too is finding more effective ways to resolve disputes between children without involving the criminal justice system, for example, through restorative justice mechanisms.”

Children’s Minister James Reilly recently spoke in parliamentary questions on the issue of cyber-bullying.

He said: “Cyber-bullying is just one aspect of bullying but one, given the rapid expansion of access to technology by young people, that has come much more sharply into focus.

“The implementation of the Action Plan on Bullying, which is being led by the Department of Education and Skills, provides the framework for the Government’s absolute commitment to working with a broad base of interests to protect children and ensure a safer childhood.”