When does cyberbullying become a crime?

What is cyberbullying

Cyberbullying is a form of bullying that takes place through modern communication technologies. It typically involves attacks on social media, abusive comments, the distribution of intimate photographs without consent, blackmail via email or the creation of fake profiles to ridicule the victim. Unlike ‘traditional’ bullying, cyberbullying is invisible, often anonymous and accessible to a wide audience. An attack that is made public in a matter of seconds can spread in an avalanche and the victim has no easy way to stop it.

The seriousness of cyberbullying lies precisely in its persistence and reach. If someone publishes an intimate photograph, it is almost impossible to remove it completely from the Internet. The victim then bears the psychological and social consequences in the long term. Cyberbullying does not only affect children and adolescents. It often also occurs between adults, in the workplace, in partner relationships or even between strangers who have met online.

We must also emphasise that cyberbullying is not always ‘just’ an offence or a school disciplinary problem. In many cases, it can fulfil the elements of a criminal offence and lead to criminal prosecution.

In practice, this means that the perpetrator creates a fake profile on a social networking site, where he or she starts posting intimate or mocking photographs of the victim, while at the same time labelling them with offensive comments. Another common case is the repeated sending of threatening messages, e-mails or voice recordings designed to make the victim feel afraid and helpless. We may also see situations where the attacker publishes false information about the victim in order to damage the victim’s reputation among friends, classmates or work colleagues. Extortion cases are also very dangerous – for example, the threat to publish intimate material unless the victim pays a certain amount or meets other demands.

Such behaviour usually has much broader and deeper implications than ‘ordinary’ face-to-face bullying. The internet and social networks give the perpetrator a sense of anonymity and power, while the victim often feels that there is nowhere to escape. All this makes cyberbullying not only a serious social problem, but in many cases a criminal liability issue that must be addressed through the police, the courts and often with the help of a lawyer.

What the law says about cyberbullying

The Czech Criminal Code does not define the term “cyberbullying” as a separate offence. However, this does not mean that perpetrators can commit it with impunity. Cyberbullying is usually judged on the basis of the specific conduct and very often fulfils the characteristics of other criminal offences.

Among the most common are:

• Dangerous threats – where the perpetrator threatens the victim with death or serious harm.
• Dangerous stalking – repeated harassment through text messages, monitoring of internet activity or bombardment with phone calls.
• Defamation – the publication of false information that may damage the victim’s honour and reputation.
• Blackmail – for example, threatening to disclose intimate material if the victim does not comply with certain demands.
• Endangering the upbringing of a child – if the perpetrator attacks the child and interferes with the child’s healthy development.
• Misuse of personal data –unauthorised dissemination of sensitive data.

The difference between a misdemeanour and a criminal offence lies primarily in the seriousness and impact of the conduct. Even a “single contribution” can be a criminal offence if it is of sufficient intensity and causes serious harm to the victim.

What cyber-bullying offenders face

The penalties for cyberbullying vary according to the severity of the act and the age of the perpetrator. Penalties range from fines, bans on activity or participation in social media, to prison sentences, which can be suspended.

In the case of extortion, for example, the offender faces a prison sentence of six months to four years or a fine. If the perpetrator of cyberbullying uses dangerous threats, i.e. threatens death or serious harm in such a way as to give rise to reasonable apprehension, he or she may be sentenced to imprisonment for up to one year, or up to three years in particularly serious cases. For the offence of unauthorised use of personal data, the rate may be higher if the offender causes significant damage or obtains a significant benefit through his/her actions – then he/she faces a prison sentence of six months to five years, or up to eight years if the damage is significant.

For defamation or dangerous threats, these are usually suspended sentences, but they also have a major impact on later life – for example, a criminal record can make employment difficult.

It is clear from this that even a ‘virtual attack’ can have very real consequences in the form of prosecution and unconditional imprisonment. Each case is judged on its own merits, but the more serious the impact on the victim, the more severe the penalty imposed may be.

Specificities arise with juveniles. While they cannot be sentenced to heavy penalties, they may be placed in a care facility or placed in protective custody. In addition, the family bears responsibility for their behaviour. Parents may be required to pay damages or compensation for the harm caused to the victim.

In addition to the criminal consequences, the possibility of a claim for compensation for non-pecuniary damage should also be mentioned. The victim may seek financial compensation, an apology or the removal of harmful content.

How to defend yourself against cyberbullying

If you become a victim of cyberbullying, the most important thing is not to panic and to take concrete action.

1. Keep the evidence – screenshots, emails, saved messages, links. These materials can be crucial in proving your case.
2. Report the behaviour – to the school, employer or platform administrator (Facebook, Instagram, YouTube). Most networks have mechanisms for reporting objectionable content.
3. Contact the police – if the cyberbullying fills the elements of a crime, you can file a criminal complaint. The police have a dedicated cybercrime unit. We are happy to help you with this.
4. Civil route – you can take legal action to protect your personality, an interim order to remove the content or a claim for compensation.
5. Psychological support – it is often important for victims to seek professional help too, so that the cyberbullying they have experienced does not have lasting effects.

Remember that cyberbullying is not just an ‘online problem’, but has real-life consequences. By reacting quickly, you can prevent it from continuing and have the best chance of preventing the attacker from getting away scot-free.

Is there any way to protect yourself from cyberbullying?

Unfortunately, there is no 100% protection, but there is a lot that can be done by talking about things and being cautious online. Above all, open dialogue is important. Parents should talk to their children about how to behave in the online space, what is safe to share and what is not. Rather than banning and scaring, it helps to explain why it is better not to post every photo or personal information.

Schools also have a big role to play, as prevention programmes can show children that cyberbullying is not just an ‘innocent joke’ but something that can have serious consequences. It also makes sense to set clear rules for online behaviour in the workplace. This way, bullying among colleagues can be prevented and everything can be dealt with right away while the problem is small.

The technical side of things should not be forgotten either. Strong passwords, two-factor authentication, a private social media profile or being cautious when accepting requests from strangers can significantly reduce the risk of attacks.

Most importantly? It’s not about cutting children or employees off from the internet altogether. The point of prevention is to teach them to use technology smartly and responsibly so that they become a good servant and not a bad master.

Amendment responds to deepfake

The amendment to the Criminal Code responds to the growing problem of deepfake videos and photos. It introduces a new offence of misuse of identity to produce and distribute pornography. This means that if someone creates or distributes pornographic content with the face of a person who has not given consent (and the perpetrator knows it is a deepfake), they can go to prison for up to three years.

At the same time, the offence of criminal damage to the rights of others is being toughened. The new offence will also punish situations where someone deliberately creates deepfake material to cause serious harm to another – for example, to damage their reputation at work or in their personal life. It will no longer be necessary to prove that people have actually been fooled. It is enough that the content seems plausible and the perpetrator knew it. In such cases, there is a risk of up to five years’ imprisonment and a ban from work.

Don’t be afraid to ask for help

In our practice, we often see people who are hesitant to seek legal help because they feel that the cyberbullying they have experienced is not that serious. But the truth is exactly the opposite, because everyone has the right to defend themselves, and a lawyer can be a key ally in dealing with situations like this.

We can write a criminal complaint for you that is clear and has the best chance of being taken seriously by the police. If the matter has already gone to hearing, we will represent you, help formulate motions, and make sure your rights are protected. We can also prepare a personal injury claim, draft an interim order or make a claim for damages.

We can also advise you and help you assess whether your case has a chance of success, and together we will choose the quickest and most effective course of action.

Anyone can be a victim of cyberbullying and there is certainly no shame in contacting a lawyer. On the contrary, it may be the most important step you can take to end the attacks and achieve justice.

Summary

Cyberbullying is a serious problem that is not limited to children and schools, but is increasingly affecting adults in their professional and personal lives. It takes place via social networks, emails or mobile apps and can take the form of threatening messages, insults, the dissemination of intimate photos or fake profiles. Its effects are long-lasting and painful because the internet gives the attacker anonymity and the victim often has no way of escaping the attacks. Although the Czech Criminal Code does not define the term “cyberbullying”, specific manifestations of this behaviour can fulfil the elements of criminal offences such as blackmail, stalking, defamation or dangerous threats. Perpetrators face fines, suspended sentences and imprisonment, and in the case of minors, educational measures, while parents may also be liable for damages. Victims should defend themselves by preserving evidence, reporting content to platforms, filing criminal charges, taking civil action and seeking psychological support. Prevention relies on open communication, education and caution in the use of technology.