Cyberbullying
Civil procedures
Where cyberbullies commit a civil wrong, such as intimidation, trespass or defamation, in carrying out their campaign of harassment, the victim may bring a civil suit, including a claim for an injunction, in tort. A successful action in tort will result in an award of damages, and an injunction may be granted to prevent a repetition of the harassment.
As the term “cyberbullying” is used when the parties involved are children or teenagers, actions in tort are generally not an appropriate response to cyberbullies. Victims under 18 years of age cannot start proceedings in their own names, so the proceedings are conducted in the name of the victim’s next friend, usually the parent. Questions arise as to whether the next friend has the time, resources, competence and capacity to pursue the proceedings. Retaining a solicitor to conduct the proceedings is expensive unless Legal Aid can be obtained.