Bullying and Sexting in Social Networks from a Legal Perspective: Between Enforcement and Empowerment

Abstract

The availability and use of social networking sites creates both opportunities and risks for their young users. This paper evaluates the applicability of the current legal framework to (cyber)bullying and sexting, two types of behaviour that are increasingly occurring between peers in the social networking environment. The analysis includes a mapping of applicable provisions at the European and national level, an analysis of the Terms of Service of two social networking providers and an overview and assessment of self-regulatory initiatives that have been taken by the industry in this area. The ultimate goal is to identify a number of elements for a comprehensive strategy to ensure that risks of (cyber)bullying and sexting are dealt with in a manner that empowers young users.

Keywords: Social network sites, protection of minors, bullying, sexting, legislation, self-regulation, empowerment