THE CRIME OF DANGEROUS ELECTRONIC HARASSMENT

#25The crime of dangerous electronic harassment

The amendment to the Criminal Code No. 300/2005 Coll. with effect from 1st July 2021 Additionally a new crime of dangerous electronic harassment, the so-called cyberbullying.

The current legislation in this area did not take a form aimed at combating cyberbullying. Until now, some aspects of cyberbullying have only been punishable if they could be subordinated to some of the facts of pre-existing crimes, in particular the crime of dangerous persecution.

As a result of the factual nature of the new crime of dangerous electronic harassment, it includes the most dangerous cases of cyberbullying, an act which causes a deliberate long-term deterioration in the victim's quality of life.

Cyberbullying is a specific type of bullying carried out by Information and Communication Technology Miami, t. j. directly by the instrument used by the offender. The main features of cyberbullying are:

1. longevity, resp. repetition,
2. intensity and
3. Demonstrable impact on the injured party.

In relation to the crime of dangerous persecution, under which cyber-related offenses have often been subsumed so far, it should be noted that the substance of this crime does not seek protection against cyberbullying in general, but provides protection only against such manifestations as may potentially dangerous persecution, so-called cyberstalking - threats associated with long-term persecution, details of personal proximity, surveillance, etc. It follows that the crime of dangerous persecution is primarily intended to protect the individual from persecution, unlike the new crime, which aims to protect against cyberbullying by the perpetrator of other possible alternatives to bullying.

The introduction of the crime of dangerous electronic harassment can be determined for the purpose and reason in view of the new widespread phenomenon of cyberbullying, which is a negative part of the online space.