Tackling cyber-bullying from a children’s rights perspective

Abstract

In order to tackle the problem of cyber-bullying in an integrated and coherent manner which can combine legal intervention, education, and regulation from the telecommunications industry, this chapter advocates an alternative approach of co-regulation based on children's rights. Part 18.1 begins by discussing the nature, manifestation, prevalence, and harm of cyber-bullying, with an illustration of notorious examples of cyber-bullying in different countries. Part 18.2 examines the current legal attempts in the United Kingdom and the United States to tackle the problem and the inadequacies of the positivist legal approach. Part 18.3 argues that a co-regulatory model based on children's rights will provide a viable and more effective solution to the problem of cyber-bullying, in which schools and internet services providers (ISPs) play an essential role. In particular, the ISP should develop its code of practice within a model of compliance, of having a mechanism for reporting, follow-up, and notice and take-down of harmful materials.