Cyberbullying is bullying (harassment, stalking, intimidation, etc.) using digital technology. It can occur on social networks, games, mobile phones. Read the answers to 9 important questions about cyberbullying in the TSN.ua article.
About cyberbullying told the manager of the criminal law practice at PwC Legal and lawyer YurFem: support Artem Krykun-Trush.
Does Ukrainian legislation regulate extortion and blackmail on the Internet?
The concepts of “blackmail” and “extortion” are spelled out in the Criminal Code of Ukraine and it does not matter where they occur: in the real world or in the virtual, that is, in Networks.
If you add the word “cyber” to a regular crime, such as blackmail, the specifics will change only in that it is more difficult to prove or record. The responsibility for criminal actions is the same.
But if we talk about cyberstalking or ordinary stalking, then the Criminal Code of Ukraine does not establish liability for it.
What is cyberstalking and how does it differ from cyberbullying?
Cyberstalking — harassment on the Internet. A stalker, or simply a stalker, can follow his victim on social networks, creating fake accounts for this, write to a mobile phone and in various messengers. And also create new pages for this purpose, if the previous ones were blocked.
Do international legal documents regulate cyberstalking?
Stalking is mentioned in the Istanbul Conference, which is also part of Ukrainian legislation in essence. According to this document, it is assumed that the state party is obliged to establish liability for stalking.
How can such a crime be qualified to hold the offender accountable?
Legally, this crime can be linked to other articles. For example, if a stalker threatens to kill and if such threats were actually made in the messages. You can also use the article on invasion of privacy, if, for example, the perpetrator illegally stored, collected, used, destroyed or distributed confidential information about a person or illegally changed it.
Who and why most often acts as a stalker?
They can be both acquaintances who are being stalked (real or virtual) and complete strangers. Often, cyberstalking is carried out by an unknown person who simply found you on the Internet, obtained your personal data and committed a crime. But cyberblackmail is often carried out by acquaintances.
Artem Krykun-Trush gives examples of cyberbullying. Most often, according to him, this is done by ex-husbands/wives, boyfriends or girlfriends. Especially if they were dumped or did not respond to attention. There are often situations when a guy and a girl communicate online, it comes to virtual sex, and erotic photos are sent. They can later be used against the person who sent the photo. Often – because of an insult. Then the blackmail begins: they threaten to post the photos publicly if the person does not react.
Most often, according to Artem, people do not really intend to do this, unless they are really offended. But they like to feel power over others, over their fear, etc.
What to do if anonymous people threaten you online?
Sometimes you can identify such “anonymous” people yourself. For this, open source intelligence or OSINT is used. In this case, a Google search and a detailed study of the social media profiles of the person who is blackmailing are very helpful.
Should you contact the police immediately?
It is better to contact the police after consulting with a lawyer who will help you write a statement correctly. Then you will have a better chance of getting the case moving and achieving success in the investigation.
Unfortunately, many cyberstalking cases do not even reach criminal proceedings, because it is enough for a lawyer to contact the stalker. In this case, you can write to the stalker: “I will not answer you anymore, my lawyer will contact you.”
After that, the conversation moves to the lawyer, who offers to stop writing to the person, to provide them with compensation so as not to develop the story further and not open criminal proceedings. In most cases (90-95%), the stalkers disappear.
What evidence of cyberbullying to collect?
It is very important to record all threats and the fact of stalking immediately. You should not put it off until tomorrow, because stalkers often delete messages immediately so as not to leave a trace behind. Therefore, you need to immediately take screenshots or record the screen of your mobile phone or laptop/PC.
Stalkers often act according to the following scheme: they write to the person, and when they see that they have read the message, they delete it. And so on every time. You should also not block stalkers. From a lawyer's point of view, this will deprive you of the opportunity to collect evidence of the crime and move the case forward in the future.
Where to go for help?
- Call the National Police by number 02.
- Call the Prosecutor General's Office (096) 755-02-40 or write to the website.
- Contact the Contact the Contact the Contact Center for Free Legal Advice help 0 800 213 103.
- Call the National Hotline for the Prevention of Domestic Violence, Human Trafficking and Gender Discrimination 116 123 (from mobile) or 0 800 500 335 (from landlines).