A NEW CYBERBULLYING LAW? EXTENSION OF LEGAL INTERPRETATIONS IN CHINA AND RUSSIA

Abstract

Cyberbullying is a form of psychological violence that is intentional, repeated, characterized by power imbalance, and uses cyberspace as its medium. Cyberbullying can be much more vicious than the ‘traditional’ face-to-face bullying because it is not limited by time and space, difficult to detect, and the aggressors often enjoy anonymity and impunity. Moreover, cyberbullying can exist as a self-contained phenomenon in cyberspace, which means that the aggressor and the victim may not know each other in the real world. Bearing these facts in mind, we need to answer two important questions: 1) Is cyberbullying a new type of offense? 2) Do we need a new anti-cyberbullying law? Scholars around the world are divided on these issues. While some countries, like the United States and New Zealand, have directly criminalized cyberbullying, others, like Australia and Canada, are simply amending their existing laws or extending their interpretations. This paper examines the legal situation in China and Russia, the two countries which do not have any specific laws regarding cyberbullying. The research is built upon the analysis of applicable laws and judicial decisions. The case studies overview the situations when victims of cyberbullying sought legal protection in court. The paper concludes that neither China nor Russia needs to pass a new anti-cyberbullying law. They are already doing adequate work to amend and interpret the existing civil, administrative, and criminal laws in order to counter cyber-offenses. However, more effort needs to be done to remove procedural barriers to litigation and prosecution, such as the costly and cumbersome notarization process in Russia, or the private character of the prosecution of defamation in China.