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.
Do not let the perpetrator continue to harass you!
- 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).