CYBERBULLYING: LEGAL REGULATION AND LIABILITY

Abstract

The purpose of the article is to study the legal nature of cyberbullying, analyze the current legislation of Ukraine and international experience in the field of combating cyberbullying, as well as develop recommendations for improving the legal regulation of this phenomenon. Research methods. The study used the formal-legal method – to analyze the regulatory legal acts of Ukraine; the comparative-legal method – to compare Ukrainian legislation with the legislation of the EU, the USA and Canada; the systemic method – for a comprehensive study of cyberbullying as a socio-legal phenomenon; the method of legal analysis – to determine the legal nature and features of the legal regulation of cyberbullying; the generalization method – to form conclusions and proposals; the modeling method – to develop recommendations for improving the legislation of Ukraine; analysis of judicial and law enforcement practice – to assess the effectiveness of the implementation of current legal norms. Results. The article examines the legal nature of cyberbullying as one of the most dangerous forms of violence in the digital space, which has become a challenge for national legal systems in the 21st century. With the growth of digital communication, social networks, instant messaging platforms and video content, the number of cases of aggressive behavior aimed at humiliating, harassing, discrediting or intimidating a person in the online environment has significantly increased. Of particular concern is the prevalence of cyberbullying among children, adolescents and young people, who are most vulnerable to negative psychological consequences. The relevance of the chosen topic is due to several factors: first, the increase in the number of appeals to law enforcement agencies and educational institutions regarding cases of online bullying; second, the lack of a clear definition of the concept of «cyberbullying» in the current legislation of Ukraine; third, insufficient legal awareness of users about the mechanisms of protection against this type of violence. In this regard, there is an urgent need not only for a legal understanding of the phenomenon of cyberbullying, but also for finding optimal ways to improve legal regulation in order to prevent, detect and stop such offenses. The study is aimed at a comprehensive analysis of the legislative framework that directly or indirectly relates to cyberbullying, studying foreign experience in the field of preventing cyberbullying and formulating proposals for improving the legal mechanism for combating this phenomenon in Ukraine. The article clarifies the legal nature of cyberbullying, outlines the range of socially dangerous acts that can be qualified as cyberbullying, identifies existing gaps in the current legislation and outlines ways to eliminate them. Conclusions. The article analyzes the provisions of the Law of Ukraine «On Education», the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, as well as subordinate regulatory legal acts that regulate liability for cyberbullying and related actions. Attention is also paid to the practice of applying these norms in national courts and analyzes which digital platforms are most often used as tools for cyberbullying. The paper conducts a comparative legal analysis of the experience of the European Union, the USA and Canada, where cyberbullying is recognized as a separate crime and special rules for the protection of victims are established. The study substantiates the need to establish at the legislative level the definition of the concept of «cyberbullying» and the introduction of the appropriate composition of an administrative or criminal offense and the possibility of using the proposed recommendations in the activities of law enforcement agencies, in the development of draft laws, educational programs and in the development of preventive measures.