A fresh push to tackle cyberbullying comes from the European Parliament, weeks after lawmakers let expire an exemption allowing online platforms to scan messages for child sexual abuse material over privacy concerns.
On Thursday the Parliament called for new laws with strict penalties for cyberbullying, in particular image- or video-based abuse online. The resolution further calls on the European Commission to assess whether a harmonised definition of cyberbullying at the EU level is needed and whether it should be recognised as a cross-border crime or even a hate crime.
MEPs want “effective and dissuasive penalties” for cyberbullying and methods to make reporting incidents easier. They also ask for more funds for victim’s organisations, and “acknowledgement of the full scale and severity of the problem”.
However, in February the Commission unveiled its Action Plan on Cyberbullying which is already addressing most of these requests.
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Around one in six children aged 11 to 15 is reported to be the victim of cyberbullying. And this severity is well acknowledged. According to Eurobarometer, nine out of 10 Europeans want urgent action by public authorities to protect children from the negative impact of social media on their mental health, cyberbullying and online harassment.
Coco’s law in Ireland
Some member states are going even further. Ireland has introduced two new criminal offenses of “Intimate Image Abuse” known as “Coco’s law” after the suicide in 2018 of 21-year-old Nicole ‘Coco’ Fox following relentless cyberbullying.
“The first offence deals with the distribution or publication of intimate images without consent and with intent to cause harm. The penalties applicable can be an unlimited fine and/or seven years imprisonment,” explained Aislinn Collins of Wolfe & Co Solicitors.
The second, less serious offence deals with the taking, distribution or publication of intimate images without consent even if there is no specific intent to cause harm. This offence will carry a maximum penalty of a €5,000 fine and/or 12 months imprisonment, she added.
Message scanning disagreement
The resolution expressed “disappointment at the lack of a legal framework for detecting child sexual abuse material (CSAM) online”. MEPs asked the Commission to work quickly to ensure digital platforms adopt voluntary reporting mechanisms — only a few weeks after the Parliament allowed an exemption permitting platforms to scan messages for CSAM to expire over privacy concerns.
In March, the Parliament adopted its position on simplification of the Artificial Intelligence Act – the so-called omnibus. That included a full ban on so-called nudifier apps.
It seems while MEPs want to protect minors from the worst excesses of online behaviour, there is no consistent cross-party consensus on the right approach. The closest it has come is the request for “tougher enforcement of article 28 of the Digital Services Act (DSA) covering the protection of minors, urging the Commission to wrap up pending cases and strongly opposing any attempts to reopen the law”.
