Cyberbullying Laws UK: A Complete Guide for Adults and Parents

Cyberbullying is not defined as a single criminal offence in UK law. Instead, it is addressed by a patchwork of criminal and civil legislation that covers online harassment, threatening communications, malicious messages, and defamation. This guide explains the legal framework, your rights, and how to take action against cyberbullies — whether you are an adult victim or a parent acting on behalf of a child.

The Criminal Law Framework

Several criminal statutes apply to cyberbullying behaviour:

• Protection from Harassment Act 1997: A course of conduct (two or more occasions) that causes alarm or distress is criminal harassment, punishable by up to 5 years' imprisonment for the aggravated offence (involving fear of violence).
• [Malicious Communications Act 1988](/blog/malicious-communications-act): Sending messages that are grossly offensive, threatening, or knowingly false with intent to cause distress — up to 2 years' imprisonment.
• Communications Act 2003, s.127: Sending grossly offensive or menacing messages via a public electronic communications network — up to 6 months' imprisonment.
• Online Safety Act 2023: Introduces new duties on platforms to protect users from illegal content, including content that constitutes harassment or threatening communications.

Civil Remedies for Cyberbullying

In addition to criminal prosecution, victims of cyberbullying have civil remedies available:

• Harassment injunctions: Under the Protection from Harassment Act 1997, a court can issue an injunction prohibiting the bully from contacting you or publishing about you.
• Defamation claims: Where the cyberbullying involves false statements of fact that damage reputation, a defamation claim can be brought.
• Misuse of private information: Where the bullying involves the disclosure of private facts.
• Damages: Compensation for anxiety, distress, financial loss, and reputational harm.

Cyberbullying of Children

Where a child is being cyberbullied, parents can take the following steps:

1. Report to the school — schools have a legal duty under the Education Act 2002 to safeguard children, and Ofsted guidance requires anti-bullying policies
2. Report to the platform — all major platforms have reporting mechanisms for bullying of minors
3. Report to the police — where the conduct constitutes criminal harassment or threats
4. Instruct a solicitor — to send a formal letter to the bully (or their parents) demanding the conduct stops, and to seek an injunction if necessary

Identifying Anonymous Cyberbullies

Where the cyberbully is anonymous, a Norwich Pharmacal Order can compel platforms to disclose account holder information. This is a well-established procedure in UK courts and is regularly granted in harassment and defamation cases.

Related Reading

Online harassment UK law | Online trolling UK law | Online abuse hub