Speech before the Speech before the Group responsible for drafting the Group responsible for drafting the manual about safe use of internetmanual about safe use of internet

CYBER BULLYINGTHE COURT’S ROLE

Speaker: Georgios C. Vlamis, District Court Judge

UNDER CYPRUS CRIMINAL CODE (CAP. 154)

Any child less than 14 years old is not criminally liable for any act or omission.

The Court may impose to a person older 14 years old found guilty any of the following type of sentence: • life imprisonment• imprisonment• pecuniary penalty• order to pay damages• bail assurance• probation• others provided by special acts e.g. guardianship order that

imposes the execution of community services

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The current legal framework in Cyprus against cyber bullying

The dangers hiding behind the daily use of internet and generally technology led to update the legislation in the island in an attempt to ensure safe use by children.As a result of this, the following Acts have been enacted:

The Electronic Communication and Posting Services Act 2004 (112(I)/2004)

Against the Cyber Crime Acts 2004-2013 (22/III/2004)

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The Electronic Communication and Posting Services Act 2004 (112(I)/2004

Its context is harmonized with the provisions of European Directive 2002/58/EC which process private data and at the same time protects private life through the electronic communication sector

This legislation (112(I)/2004) incorporates specific rules dealing with personal data and protecting the rights of users

The Act also states that if someone: sends a message (voice or text) to somebody else knowing that it in not true with the intention to cause harassment or annoyance, orsends a message (voice or text) to someone else which is obvious offensive or indecent or disgraceful or threatening,

is committing criminal offence and if found guilty faces pecuniary penalty up to €1.700.

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The Electronic Communication and Posting Services Act 2004 (112(I)/2004 (continued)

The Act also states that if anybody: intentionally amend or intervene to the context of any message which does not belong to him, orprevent the dispatch, transfer or delivery any message which does not belong to him, orintentionally reveal or use the contents of any message or information resulting from a message which does not belong to him or is related to the personal data of another person,

is committing criminal offence and if found guilty faces either imprisonment up to 6 months or pecuniary penalty up to €1.700 or both.

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Against the Cyber Crime Acts 2004-2013 (22(III/2004)

It is the main legislation against cyber crime. It is the enactment that ratifies the European Convention against

cyber crime which has been signed in Budapest on 23.11.2001 This legislation stipulates, amongst others, that:

Whoever, with intention and without any right, obtains access to electronic computer system by breaching the safety measures is committing criminal offence and if found guilty faces either imprisonment up to 5 years or pecuniary penalty up to €34.172,03 or both

Whoever, with intention and without any right, destroys, deletes, amends or conceals data from computer is committing criminal offence and if found guilty faces either imprisonment up to 5 years or pecuniary penalty up to €34.172,03 or both.

Whoever is involved with children’s pornography material used in a computer system is committing criminal offence and if found guilty faces either imprisonment up to 5 years or pecuniary penalty up to €42.715,04 or both.

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Specialized Department

The Forensic Laboratory for electronic data: has been created and operates since April 2009 is part of the Cypriot Police undertakes criminal case related to cyber crime examines electronic marks (such as computers,

electronic address of computers, internet platforms, websites, e-mail address, satellite receptions etc.)

its personnel has the necessary experience to investigate criminal cases which are related to internet offences or offences in connection with computers.

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Prevention of cyber bullying prevention

Preventing steps against cyber bullying involving children is responsibility of parents, school management and its staff and relevant authorities specializing in effectively informing the children and dealing with this matter.

Indicatively I should mention that:Parents should be alerted and learn how to react in front of this

situation. They must also immediately report such a case to the school and cooperate with the management and the staff.

Also report the incident to the police.School management must issue regulations which should serve

both to students and their parents.School staff must cooperate with management in cultivating an

environment which does not facilitate cyber bullying.School management and staff must closely cooperate with

parents.School management and staff must attend seminars organized

by specialists on bullying so as to be able to administer with efficiency if such a case appears.

School management and staff must cooperate with relevant authorities specializing in dealing with this matter.

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How the Court faces a cyber bullying case

If a cyber bullying situation falls within any of the above stated criminal offence, then provided there is adequate evidence the case is presented by the police before the court.

If upon hearing the accused is found guilty or if the accused pleads guilty in any of the criminal offence is facing, the court will impose him a sentence.

The imposition of sentence serves two purposes:

(1) To punish the accused with the proper and fair, under the circumstances and based on the presented facts of the case, sentence.

(2) To pass a message on the society that such behaviour is unacceptable.

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How the Court faces a cyber bullying case (continued)

The sentence usually operates as deterrent factor on others who intend to commit the same offence on other victims. In this way society is protected.

In case the accused found guilty is older than 14 years old but younger than 18 years old, the obligation to attend seminars on cyber bullying provided by experts on this matter and/or undertake to execute community services as probable proper sentence will not be excluded. I would rather say it seems to be more probable than any other type of sentence. In this way the young person gets punishment and at the same time it helps him/her to understand his/her mistake and therefore gets a lesson for not repeating such behaviour.

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THANK YOU VERY MUCH FOR YOUR PATIENCE!!!

I AM NOW AT YOUR DISPOSAL FOR ANY QUESTIONS OR CLARIFICATIONS YOY MAY HAVE.

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