Ronen Perry, ‘Civil Liability for Cyberbullying’

ABSTRACT
Cyberbullying has become a notorious epidemic, culminating in widely publicized suicides. Whether a new and distinct problem or an old one in a new guise, the technological setting has undoubtedly generated new challenges and, at the same time, new opportunities for legal response. Regrettably, while delegation of power to educational institutions and criminalization of cyber-misconduct are relatively common, at least in public discourse, the potential impact of civil liability has been downplayed. This Article puts the underexplored regulatory tool under the spotlight. It provides systematic legal and economic analyses of civil liability for cyberbullying, based on a trichotomy of potential defendants – primary wrongdoers, real-life supervisors (parents, schools), and virtual supervisors (mostly online platform operators). Ultimately, the Article lays the foundations for an efficiency-oriented model which integrates technological features to reduce supervisors’ information costs …

Perry, Ronen, Civil Liability for Cyberbullying (April 12, 2019). UC Irvine Law Review, forthcoming.

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