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

1. Speech before theSpeech before the
Group responsible for drafting theGroup responsible for drafting the
manual about safe use of internetmanual about safe use of internet
CYBER BULLYING
THE COURT’S ROLE
Speaker: Georgios C. Vlamis,
District Court Judge

2. 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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3. 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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4. 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, or
sends 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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5. 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, or
prevent the dispatch, transfer or delivery any message
which does not belong to him, or
intentionally 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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6. 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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7. 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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8. 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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9. 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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10. 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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11. 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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