Cyberharassment (online harassment)

Cyberbullying takes place via the Internet (on a social network, a forum, a multi-player video game, a blog, etc.). These may be publications on a public platform (for example, a forum) or private exchanges (for example, on the private messaging of a social network).

The cyberharassment can take several forms:

• One psychological harassment on the internet which consists in intimidating and humiliating the victim through insulting messages, mockery, threats, etc.
• One school harassment on the internet when a student is humiliated, bullied or rumored by a student or teacher in the school. For example, it could be the posting of discriminatory comments on a student's Instagram account.
• One sexual harassment on the Internet, which manifests itself by sending messages, photographs, videos or video montages to the victim sexual connotation or sexist. These may be sexual photos of the victim, pornographic videos showing strangers etc.

Cyber harassment always requires a repetition facts (for example, a person posts insulting messages daily on the victim’s “Facebook” wall).

So that this infringement be retained, the acts committed must also:

• Resulted in a deterioration of the victim's living conditions
• Or undermined the dignity of the victim
• Or creates an intimidating, hostile or offensive situation against the victim.

This offense may be committed by:

• One person
• Or by a group of people, without each of them having acted repeatedly.

You can determine the nature of the attack you are the victim of using the diagnostic tool put online by the public interest group “Action Against Cybermalevolence”:

Malicious Cyber Case Diagnosis Tool

If you are a victim of cyberharassment, you must identify those responsible for this offense. This will allow you to engage their criminal responsibility and request the deletion of a content unlawful.

The primary perpetrators of cyberharassment are the perpetrators of the unlawful publication.

However, it can be difficult to know who they are. This is particularly the case when online harassment is carried out by a group of people.

If you have not been able to identify the perpetrator(s) of the cyberharassment, you may incur the responsibility of the internet hosts.

However, hosts can be held liable only if the following 2 conditions are met:

• They were aware of the illegal nature of the published content
• And they didn't move quickly to have them removed or made inaccessible.

You need to collect as much evidence of online harassment as possible. These may include:

• Screenshots
• Of impressions
• Audio or video recordings
• Of a handrail previously filed against the perpetrator of harassment

In any case, you must be as precise as possible: all these documents must be dated.

You can call on a commissioner of justice (formerly a bailiff and judicial auctioneer) to find out about the harassment.

If you are a victim or witness to a cyberharassment situation, you can point out this offense against the police or gendarmerie.

Report cyber harassment (online harassment)

An instant messenger (chat) allows you to chat with a police officer or a member of the gendarmerie. Chat history can be deleted from your computer, mobile phone or tablet at any time.

Several devices allow the deletion of illegal content published on the Internet. You can report illegal content to the host, social network operators and/or law enforcement. You also have the option to request the de-referencing of a publication that concerns you.

As a victim of cyberbullying, you can lodge a complaint against the perpetrator(s). You can also file a complaint against the internet host if he has not fulfilled his obligations. An investigation will be carried out and those responsible can be prosecuted before the criminal courts. If they are found guilty, sentences can be handed down.

If you wish, you can get the assistance of a lawyer who will accompany you from the time you file a complaint until the trial before the correctional court.