Theoretical and Legal Aspects of Cyberbulling

Abstract

The article considers the theoretical and legal aspects of cyberbullying. The relevance of the research topic is connected with the lack of proper scientific study of this problem and the need to consider cyberbullying as an unlawfully socially dangerous act. Based on the study, the author's definition of cyberbullying is proposed. The results of a population survey on bullying on the Internet are presented. The main forms of cyberbullying are considered. One form of cyberbullying is doxing, which is the public disclosure of personal and confidential data via the Internet. The analysis of the motivation of cyber aggressors was carried out and two types of victims of cyberbullying were identified. The main short-term and long-term psychological and physical consequences of victims of cyberbullying are described. The differences of cyberbullying from the traditional forms of bullying are examined, the emphasis is placed on the presence of witnesses, who are divided into groups in the article, based on the roles they play in the bullying process. The current Russian legislation regarding liability for cyberbullying is analyzed. It is noted that in Russia this action is not considered an independent corpus delicti. Basic preventive measures are proposed that can eliminate or minimize the likelihood of becoming a victim of cyberbullying. Emphasis is placed on the need to complicate the registration procedure on social networks, on forums and other Internet resources by linking the profile to a mobile phone number, public services website account, and also specifying the real username or an officially registered nickname, which will eliminate online anonymity and malicious use of assumed names. The international experience of countering cyberbullying and the possibility of using it to improve domestic legislation in this area are considered.