What are the legal consequences of cyberbullying?
October 2, 2023 | 40,00 EUR | answered by Christiane Melzer
Dear lawyer,
my name is Gertrud Klinger and I am reaching out to you as I urgently need your expertise on the topic of cyberbullying. In the past few weeks, I have noticed that my 15-year-old son Tim has become a victim of cyberbullying. He is regularly insulted, threatened, and defamed by his classmates through social media and online platforms.
This behavior has not only led to a significant decrease in Tim's self-confidence, but also to serious psychological problems. I am very worried about him and I wonder what legal consequences cyberbullying could have for the perpetrators.
I am aware that criminal law can be applied in such cases, but I am unsure about how to proceed. What legal steps can we take to hold the perpetrators accountable and protect Tim? Are there ways to pursue criminal prosecution or civil claims for damages?
I urgently request your professional assessment and concrete recommendations on how to help my son Tim and stop the cyberbullying. Thank you in advance for your support.
Sincerely,
Gertrud Klinger
Dear Mrs. Klinger,
Thank you for your message and for trusting in my expertise on the topic of cyberbullying. I am very sorry to hear that your son Tim has become a victim of such distressing behavior. Cyberbullying can have serious effects on a person's mental well-being, especially at such a young age like your son's. It is important that you, as parents, respond appropriately and take legal steps to support and protect your son.
In Germany, there are various legal options to address cyberbullying. In criminal law, perpetrators of cyberbullying can be prosecuted under § 238 StGB (stalking) or § 185 StGB (insult). If the actions of the perpetrators lead to a serious impairment of Tim's way of life, the offense of bodily harm under § 223 StGB may also be considered. It is important that you secure all evidence and screenshots to support a criminal prosecution.
Furthermore, civil legal actions can also be taken to claim damages. As parents, you can initiate legal proceedings on behalf of your son to hold the perpetrators accountable and possibly receive financial compensation for the damages suffered.
My advice to you would be to immediately contact the police or a lawyer specialized in cyberbullying. Together, you can plan and implement the legal steps to protect Tim and stop the cyberbullying. It is important that you as parents take action and seek the necessary support to help your son in this difficult situation.
I hope this information is helpful to you and I am available for any further questions. Thank you for your inquiry and all the best to you and your son.
Sincerely,
Christiane Melzer
