What are my legal duties in relation to cyberbullying?

Bullying - including cyberbullying - is never acceptable and a range of Education Acts and government initiatives outline schools' obligations in this area.

  • All UK state schools are required to have anti-bullying policies under the School Standards and Framework Act 1998 and independent schools have similar obligations under the Education (Independent Schools Standards) Regulations 2003.
  • The Education and Inspections Act 2006 (EIA 2006) requires head teachers to determine a school behaviour policy with a view to "encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils” (Source: Safe to Learn, September 2007).
  • Although cyberbullying is not a specific criminal offence in UK law, criminal laws such as the Protection from Harassment Act 1997 and the Crime and Disorder Act 1998 may apply in terms of harassment or threatening behaviour.
  • Where mobile bullying is concerned, the Telecoms Act 1984 makes it a criminal offence to make anonymous or abusive calls and, if you are harassed persistently on your mobile, it may be an offence under the 1997 Harassment Act.
  • Furthermore, the Communications Act 2003 makes it a criminal offence to send: "...by means of a public electronic communications network, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character”.
  • Cyberbullying might take place out of school, so the law empowers head teachers, "to such extent as is reasonable”, to regulate the conduct of pupils when they are off the school site. It also empowers members of staff to impose disciplinary penalties for inappropriate behaviour and provides a defence in relation to the confiscation of mobile phones and other items. For example, if a mobile phone is being used to cause a disturbance in class or to contravene the school's behaviour or anti-bullying policy, you can request a pupil reveal phone messages or show you other content on their mobile.

You can find more information on the legal duties and powers of your school on the Teachernet website and the Digizen website.

The age of criminal responsibility in the UK starts at 10 so you should contact the police if you feel that a law has been broken.

Click here for our tips on dealing with cyberbullying among young people.

Cyberbullying also affects teachers and other school staff. If you are experiencing harassment over the internet or your mobile, visit the Teacher Advice section of Teachtoday and read the DCSF's guidance document ‘Cyberbullying: Supporting School Staff' .

 
 

 
 

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