Cyber-harassment (or cyber-bullying) means intentionally insulting, threatening, ridiculing or harassing another person online or by telephone over a prolonged period. The perpetrator chooses a victim who cannot, or is barely able to, defend themselves against these attacks. The balance of power between the perpetrator and the victim is often uneven: the perpetrator has an advantage as the victim is socially marginalised. (source: bee-secure.lu)
The perpetrator's hurtful behaviour breaches one or more of the following laws:
- Harassment, stalking (Article 442-2 of the Luxembourg Criminal Code; Law of 11 August 1982 on privacy) when a person is constantly subjected to telephone harassment, for example.
- Defamatory and slanderous remarks and insults (Law of 8 June 2004).
- Invasion of privacy (Law of 11 August 1982 on privacy) where photos/videos are published without the prior consent of the person concerned.
- Breach of data protection (Law of 2 July 2007).
- Breach of the protection of children and minors (Law of 16 July 2011).
- Racist or discriminatory comments (Article 457-1 of the Luxembourg Criminal Code).
- Cyber crime (Article 509-1 et seq of the Luxembourg Criminal Code) and hacking, when someone gains illegal access to a third party's computer/smartphone.
It is important that you file a complaint. An oral description of what has happened is generally sufficient. You are advised to provide evidence (e.g. photos, screenshots, messages) of the offence to support your complaint.
Self-help
Do not let the perpetrator continue to harass you!
You can:
- block contact;
- report the perpetrator to the website operator;
- change your password;
- choose not to respond directly (show indifference in the face of cyber-bullying);
- change your email address/telephone number/user account;
- make copies, take screenshots or photos (to keep as evidence).