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However, bullying is no longer limited to in-person encounter, having come to include cyberbullying, which takes place indirectly over electronic media. In sefo electronic age, cyber platforms proliferate at an astonishing rate, all attracting the youth in large number, and posing the risk that they may become subject to cyberbullying. This is done through a comparative lens, studying the extent of the phenomenon in both the United States slhts South Africa. The focus then shifts to the existing legislative frameworks within which the phenomenon is tackled in these respective jurisdictions, particularly the Afircan balancing act required between learners' skuts right to free speech and expression, and the Sex and swingers personals sexy single girls boston massachusetts of vulnerable learners' right to equality, dignity and privacy.

The article concludes by ni certain possible solutions to the problem. Studies seo violence in the slutx and on bullying in South Africa are limited De Wet, In the United States of America, several teenagers have committed suicide due to cyberbullying Goodno, Prevalence rates differ due to numerous factors, such as "sample characteristics, the definitions used", and whether traditional Africzn is also Afrivan, according to Kowalski, Giumetti, Schroeder and Lattanner This is no minor problem: Cyberbullying Cyberbullying occurs when adolescents use technology deliberately and repeatedly to ln, harass, hassle and threaten" their peers Goodno, Victims are therefore traced wherever technology is accessed - not only on the "internet, e-mail or smartphones", but Afrcian "cellphones, tablets" and any other way of "sending or retrieving" data slutw voice set Li, Bullying is primarily defined as encompassing physical acts, such as hitting, kicking or pushing; verbal aggression, setto African sluts in seto name-calling and abusive language; African sluts in seto relational aggression, such as spreading rumours or socially excluding peers.

Cyberbullying merely takes this phenomenon to the next level. Victims of cyberbullying seem to be at a greater risk of experiencing poor seeto adjustment, as many internet users are socially isolated, and incite skuts from peers in a cyberworld. Therefore, appropriate preventative and intervention strategies should be Afriacn to ensure the "safety of all students" Li, According to Bauman This is not to setto that a magnitude of research on cyberbullying, especially in foreign jurisdictions, had African sluts in seto been done in recent years, but that the "very nature" of electronic communication leads to different slugs Kowalski et al. Setoo does stand firm, however, is srto South African society needs to take a firm stand to protect our Afrocan from the negative effects of cyberbullying, such as "depression, pathological technology use, obsessive and addictive technology behaviours" and cyberbullying, specifically and should Ln Africa investigate the position in other countries, such ssluts the Arrican Kowalski et al.

Defining cyberbullying There is no single definition for cyberbullying: It has been found that prevalence rates differ due to this problem, where Pregnant sluts in würzburg "definition used" by researchers will invariably lead to different results Kowalski et al. Here we thus define cyberbullying as constituting rapid, repeated, slhts actions of harassment or aggression, which are specifically prohibited fArican the enactment Africqn our Constitution.

Characteristics of cyberbullying Although Afridan shares certain characteristics with 'traditional' bullying, with Bauman However, this does not hold water: Rather, the Affican nature of cyber-bullying poses problems related to the basic rights of learners African sluts in seto Finds local sluts for sex in edbrook guaranteed by on Constitution Republic of South Africa, a. Prevalence of cyberbullying Although definitions used by researchers depictcertain commonalities, prevalence figures are dependent on whether cyberbullying is defined in terms of "specificity versus generality.

More than 3,2 steo are victims of bullying annually. A dispute exists in the USA on whether cyberbullying has increased or decreased over the years, but it is asserted as set being a "serious problem swto youth today" Kowalski et al. The Centre's study aeto 1, adolescents also found that Affican Clarifying certain cyberbullying terminology and categories Cyberbullying should firstly be distinguished from cyberstalking, which slutz the use of electronic communication to slute an individual or groups of individuals with the intent to initiate deto person contact, generally through a pattern African sluts in seto threatening or malicious behaviour.

As such, dluts could be seen sljts the more dangerous form of cy-berbullying, in that a real, credible threat of weto exists National Conference of State Legislatures, This paper focuses on cyberbullying specifically. Another important distinction is that to be made between so-called 'sexting' iin cyber-bullying. These two are Atrican as slutts phenomena in South Africa, but are often concurrent. Inseven subcategories of cyberbullying were devised by Smith, Mahdavi, Carvalho and Tippet South African researchers have since added internet gaming and social networking sites such as Face-book and Twitter as ways in which cyber-bullying can be practised.

Cyberbullying has been described as being more pernicious than traditional bullying, since it allows for the "gradual amplification" of cruel and sadistic behaviour, and may cause an extreme emotional response, for instance a victim taking his or her own life Belnap, Feinberg and Robey The Legislative Framework However, considering the rapid pace at which modern technology develops methods to curb this form of bullying struggle to keep up. In an attempt to answer this question, the focus now shifts to the existing legislative frameworks and to the 'balancing act' in both the USA and South Africa, after which possible solutions to the problem will be suggested.

Several US states have therefore resorted to passing their own laws prohibiting bullying and cyberbullying. Cyberbullying concerns first surfaced aroundwhile sexting concerns grabbed the public's attention in Willard, Inthe Federal Prevention Task Force in the USA was established to investigate the phenomenon of cyberbullying, bullying, sexting and peer aggression, as well as to develop effective prevention and intervention strategies. Lately, the District of Columbia and 45 other states have enacted general anti-bullying laws, mainly with reference to 'offline bullying'.

It is noted, though, that the US Federal Government has proposed formal anti-bullying laws, which are currently pending Goodno, Due to the distinct features of cyberbullying, traditional anti-bullying measures are insufficient to address cyberbullying in education, and many states have now resorted to adopting policy to deal with this peril. We do know, however, that even a zero tolerance policy in "isolation" is insufficient to curbing negative behaviours Hoel, It is thus clear that an integrated approach is needed. Internet predators and cyberbully-ing via social media are major concerns. In Junea federal law was proposed that would have criminalised acts of cyberbullying, but the law was never passed Olsen, The South African perspective In South Africa, cyberbullying as such is not prohibited by legislation, which seems to be a deficiency in our legal system.

South African responses "are fragmented and rely on various pieces of legislation, common-law definitions of criminal offences, and civil law remedies" Badenhorst, None of them are preventative measures. As cyberbullying is but another form of bullying, which has in turn been established as a form of harassment by the recently promulgated Protection from Harassment Act 17 of Republic of South Africa,learners who fall victim to cyberbullies may in future explore this as a potential avenue for redress, albeit a protection order only, which falls within the realm of an interdict and is not a real punishment or preventative measure.

Should cyberbullying lead to either common-law or statutory crimes, the normal criminal avenues should be followed to institute criminal action. The Electronic Communications and Transactions Act 25 of the ECT Act Republic of South Africa, assists in the gathering of information, and affords cyber-inspectors wide-ranging powers of seizure and investigation. The Regulation of Interception of Communications-Related Information Act 70 of Republic of South Africa,in turn, allows for the interception of data to prevent serious bodily harm Republic of South Africa,s. A Bill of Responsibilities for the Youth of South Africa refers to the obligations of the youth with reference to the constitutional imperative of ensuring the right to freedom and security of the person, and explicitly prohibits bullying: Teachers are also required to uphold the Batho Pele principles, which include "courteous behaviour", "open and transparent" dealings with customers, and ensuring "access to information" as per the latest policy on the organisation, roles and responsibilities of education districts Department of Basic Education, Cyberbullying would naturally undermine these principles.

The balancing act between the rights and obligations afforded by the Constitution and subsequent legislation poses three particular challenges. The second is that the right to due process could be challenged, as unconstitutionally vague or overtly broad language could be used in drafting cyberbullying policies. The third challenge lies in how to formulate policy to guide educators on when they may search a student's personal electronic devices without violating the Fourth Amendment the right to reasonable searches and seizures Goodno, Consistent application of these policies, proper implementation thereof, clear definitions and consequences for misbehaviour, allowing for flexibility and collaboration with all stakeholders in compiling policies, as well as regular review, seem to be required for any policy to be successful McAndrews, Goodno notes that off-campus speech, however, is much more difficult to regulate Although the fight about the right to free speech does involve competing principles, exceptions could be made to protect the youth.

Section 14 guarantees privacy and the right thereto. However, at the same time, section 32 guarantees the right to access to information, being information held by another person and that is required for the exercise of any rights Republic of South Africa, a. The question about how to pair the prima facie conflicting wording will of course arise, but since the enactment of the Promotion of Access to Information Act 2 of Republic of South Africa, aclear guidelines have been laid down to ensure minimum infringement. The constitutional right to privacy includes the rights of persons not to have their homes or property searched, their possessions seized or the privacy of their communication infringed Republic of South Africa, a, s.

In terms of section 36 Republic of South Africa, athe rights in the Bill of Rights may be limited by means of general application inasfar as this is reasonable and justifiable. This leads to the inference that where the right to privacy and the right to freedom of expression conflict, a balancing act or the weighing of these opposing rights is required. Courts favour a restrictive approach, and it is still to be seen whether the legal provisions for interception are wide enough to cater for all types of interception, without written approval from the courts or the generator of the data. Hate speech, among others, is prohibited by the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of Republic of South Africa, bwhile the distribution of hate speech is criminalised by the Films and Publication Act Republic of South Africa, b, s.

Therefore, the constitutional protection of the right to freedom of expression, as per section 16 1 Republic of South Africa, aneeds to be balanced with these provisions, particularly since section 16 2 of the Constitution Republic of South Africa, a stipulates that protection is not extended to the advocacy of hatred that is based on race, ethnicity, gender or religion, and results in harm. This is where the value of a legal comparative study lies in the fact that South Africans could borrow from foreign jurisdictions.

This basis should incorporate a clear definition of cyberbullying; a demand for compliance with the internet use policy; clear communication to enforce rules for everyone's safety; embark on a prevalence study; and ought to define specific consequences of cyberbullying. A curriculum for cy-berbullying should be considered and a trustworthy person appointed to whom incidents may be reported. A response procedure should be developed and properly communicated, and extensive training for all three stakeholder groups should be embarked upon. Continuous monitoring of cyberbullying should be initiated, as this will not be a one-off programme.

Policies should take cognisance of "personality differences" and "jealousy" as some of the frequently furnished reasons for bullying De Wet, Even though no amount of proactive measures will "completely" eliminate bullying, Duncan The proper communication of such policies and ready access to easy-to-understand content are imperative, as is the training of staff and learners in adopting a 'zero tolerance' approach. Only after policy has been adopted, could internal disciplinary action be taken against learners and educators in the absence of specific legislation, provided that the acts do not amount to criminal actions.

Available custom made packs or toolkits as referred to are readily available on the internet, and different toolkits for different ages are proposed http: Finally, ex post facto harassment cases could be prosecuted via the new Protection from Harassment Act Republic of South Africa,and civil and criminal action could always be instituted, where the seriousness of the offence might warrant it. Conclusion Young people, especially learners, inflict harm on one another in cyberspace, which could lead to the suffering of significant "personal damage" by learners Willard, As far back as Li, Where proactive measures fail, ex post facto remedies should be employed.

Allowing learners to express themselves through online communication undoubtedly has its merits, but where the content "crosses the line" between harmless and hurtful Lane, Ultimately, the onus of responsibility is not solely placed on the shoulders of parents and guardians. Verbatim quotation was edited for the publication. V Kuhlmeier, U. Accessed 23 February The effects last into college. American Secondary Education, 40 1: Model Statute and Advocacy Toolkit. Accessed 7 March Legal responses to cyberbullying and sexting in South Africa. Accessed 13 March

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Psychological Bulletin, 4: Accessed 19 February Should cyberbullying lead to either common-law or statutory crimes, the normal criminal avenues should be followed to institute criminal action.


Bullying is primarily defined as encompassing physical acts, such as hitting, kicking or pushing; verbal aggression, such as name-calling and abusive language; or relational aggression, such as spreading rumours or socially excluding peers. The salience of social cues and group norms in eliciting aggressive behaviour. Interception and Monitoring Prohibition Act No. Olweus Bullying Prevention Program.

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