Cyber bullying

Unfortunately, cyber bullying is a commonly heard term these days, especially at schools. But what exactly does it mean? Cyber bullying can take two forms. In one form, several perpetrators deliberately insult, threaten, embarrass or harass someone via the internet or a mobile phone over a longer period of time. The other type of cyber bullying attack is carried out by a single perpetrator.

Both forms typically involve:

• Spreading false information and rumours
• Distributing and uploading embarrassing, manipulated, compromising or pornographic photos and videos
• Creating (offensive) fake profiles
• Insulting, harassing, threatening and blackmailing someone by e-mail, text message, etc.
• Forming “hate groups” in which people are encouraged to say negative things about others

Causes

Cyber bullying mainly affects children and teenagers, but adults are not immune either. But because children are still learning how to use social media platforms, chat apps and other online tools, the risk of abuse is particularly high among the young. A child who is careful with their photos, videos and passwords can, of course, still become the victim of an attack.

The cause can always be traced back to a power imbalance in the real world, often in schools, sports clubs or other groups. The victim and perpetrator will usually know each other in real life. It is unlikely that someone in Bern or Zurich would think of bullying a student in India or China, for example. Although perpetrators sometimes use the anonymity of the internet to hide their identity, most of them will already know the victim.

Bullies usually try to improve their status in a group by insulting or embarrassing others. They do not care about the victim’s feelings. In addition, they are often not aware that acts prohibited in the real world are also criminal offences when committed online.

Your rights as a victim

In Switzerland, there is no specific law against cyber bullying. However, perpetrators can typically be prosecuted for the following offences under the Swiss Criminal Code:

• Unauthorised access to a data processing system (Art. 143bis StGB)
• Damage to data (Art. 144bis para. 1 StGB)
• Extortion (Art. 156 StGB)
• Defamation (Art. 173 StGB)
• Wilful defamation (Art. 174 StGB)
• Insult (Art. 177 StGB)
• Breach of secrecy or privacy through the use of an image-carrying device (Art. 179quater StGB)
• Obtaining personal data without authorisation (Art. 179novies StGB)
• Threats (Art. 180 StGB)
• Coercion (Art. 181 StGB)

Extortion or coercion

If a case of cyber bullying involves extortion or coercion, both of which are criminal offences, the police will officially investigate them as soon as they come to their awareness. This is because these offences are crimes that must be investigated by the police regardless of whether the victim reports them or not.

Minor offences

Other, “more minor” offences such as insulting someone are only investigated if the victim or their legal representative officially reports them to the police. To clarify the type of an offence, people can contact advisory bodies. Unlike the police, they don’t have to take action if the affected parties don’t want them to. Victims of an infringement of personal rights can also take legal action under civil law.

What you can do

As always, prevention is the best form of protection. You can protect yourself and your children in many different ways. The most important thing is to make your children aware of the risks. This article explains what exactly you can do and how legal advice can help if you are having problems.

What is the best way to protect my child against cyber bullying?

• If you or your child have become a victim of cyber bullying, don’t keep it to yourself. Talk about it with someone you trust.
• If you notice that your child is acting differently, speak to them about possible reasons. Don’t ignore the fact that your child can also be a perpetrator, not just a victim.
• Try to speak to teachers and others who are involved.
• Contact an advisory body.
• Assert your rights if necessary. Legal protection insurance, which also covers cyber crime, can help you do so.

Where can I find out more?

These websites contain information on what to do if you are the victim of cyber crime, as well as information on cyber bullying, hacking and other online risks:

• National Cyber Security Centre: ncsc.admin.ch
• Tips for dealing with online risks from the Swiss Crime Prevention Association: skppsc.ch
• What to do if someone threatens to share explicit content, , known as sextortion, by email or a messenger app: stop-sextortion.ch
• Protection against online risks: Swiss Internet Security Alliance: ibarry.ch
• Warning from the Kantonspolizei Zürich about online risks: cybercrimepolice.ch/

Legal advice in the event of cyber bullying

If you find yourself in a legal dispute despite having taken precautions, cyber insurance can be a very valuable asset. Legal protection is sometimes already included in household contents insurance. At Generali, legal protection against cyber crime is included in the following products: