Cyberbullying in a Group: A Single Message, Even If Unread, May Be Sufficient

The Criminal Division of the Court of Cassation held that posting a single malicious message online, directed at a person who is already the target of insults and threats on social media from multiple authors, may constitute the offense of harassment.

The judge is not required to verify whether the message was actually read by the person being harassed.

This decision aligns with the Law of 3 August 2018 strengthening the fight against sexual and sexist violence, which introduced the concept of "pack" harassment into the Criminal Code. According to this provision, the offense of moral harassment is established:

• Where such words or conduct are imposed on the same victim by several persons, in a concerted manner or at the instigation of one of them, even if each person has not acted repeatedly; or
• Where such words or conduct are imposed on the same victim successively by several persons, who, even in the absence of concerted action, are aware that such words or conduct constitute repetition.