Cyberbullying
Responding to cyberbullying
There is at present no separate statutory law in Hong Kong which directly addresses or governs cyberbullying . However, all bullying activities (cyber or not) are governed by relevant legislation if they involve criminal offences.
Whether or not to prosecute for a criminal offence is a matter for the police to decide. The main determining factor is whether the evidence provides a reasonable prospect of obtaining a conviction in a particular case. In a criminal prosecution, guilt must be proved beyond reasonable doubt. A prosecution does not automatically result from an alleged criminal offence.
Civil remedies are not effective in protecting victims of cyberbullying, except in the most exceptional cases, particularly because of the costs involved in bringing a civil action and the practical problems faced by an unrepresented litigant, especially if the victim is under 18 years of age.