In the digital age, social networks, forums, and instant messaging apps have become essential spaces for interaction, but also the stage for serious abuse. Cyberbullying—which refers to harassment committed via digital communication tools—affects thousands of people in France every year, whether they are French citizens or foreign residents. Faced with this scourge, French law has considerably armed itself to protect victims and severely punish the perpetrators of this virtual violence, which has very real consequences.
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Cyberbullying is not a simple online disagreement or virulent criticism. It is a criminal offence specifically governed by the French Penal Code.
According to Article 222-33-2-2 of the Code pénal (French Penal Code), moral harassment consists of repeated remarks or behaviours whose purpose or effect is a deterioration of the victim's living conditions, resulting in an alteration of their physical or mental health.
The specificity of cyberbullying (or harassment committed through the use of an online public communication service or via a digital medium) lies in the medium used: social networks (Facebook, Instagram, TikTok, X), messaging applications (WhatsApp, Telegram), discussion forums, or emails.
For a long time, perpetrators of online harassment escaped prosecution by claiming they had only sent a single message. The law of August 3, 2018 put an end to this impunity by creating the concept of group harassment or the "pack effect" (effet de meute).
From now on, the offence is also established:
In plain terms, if 50 people each send a single insulting or threatening message to the same victim on the same day, each of them can be prosecuted for cyberbullying.
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French law severely punishes cyberbullying. Penalties are graded according to the seriousness of the facts, the age of the victim, and the consequences on their health.
For a case of "simple" cyberbullying (committed by an adult against an adult victim), the maximum penalty incurred is 2 years' imprisonment and a €30,000 fine.
However, the penalties are increased to 3 years' imprisonment and a €45,000 fine in several cases of aggravating circumstances:
The law of March 2, 2022 aimed at combating school harassment created a specific offence of school harassment (Article 222-33-2-3 of the Code pénal). When cyberbullying targets a pupil or student and is committed by another pupil or a teacher, the penalties can reach:
In addition to prison and fines, the court may impose additional penalties such as:
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To better understand how these rules apply, let us look at a real-world situation.
The Context: Lucas, 22 years old, is a foreign student residing in Lyon. Following a post on the social network X (formerly Twitter) regarding his origins, he becomes the target of a smear campaign. One internet user, Thomas, publishes Lucas's personal address and calls for harassment. Within 48 hours, Lucas receives 150 messages containing insults and death threats from 45 different users.
The Consequences: Traumatised, Lucas can no longer go to university and is prescribed a psychological ITT (total temporary incapacity for work) of 10 days by a forensic doctor.
The Prosecution and Penalties:
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If you are a victim of cyberbullying, it is essential to act methodically to stop the behaviour and build a solid case for the justice system.
The first rule is to cut off contact. Do not respond to provocations, as this often fuels the harasser's anger and can turn against you if you use inappropriate terms in the heat of the moment. Systematically block the perpetrators' accounts on all platforms.
In the digital realm, evidence can disappear in a single click (deletion of a message, deactivation of an account). You must act quickly:
1. Take complete screenshots: They must display the date, time, the URL of the page (on a computer), the author's username, and the exact content of the message.
2. *Have the facts recorded by a commissaire de justice (formerly huissier / bailiff):* This is the gold standard of proof in a French court. For limited budgets, use certified screenshot applications (such as Easy Constat) or save web pages via online archiving services (like the Wayback Machine).
You have a statute of limitations of 6 years from the last act of harassment to file a complaint.
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Yes, absolutely. French criminal law applies to any person who is a victim of an offence on French territory, regardless of their nationality or the legality of their stay. You have the same rights of access to justice and victim support associations.
The use of a VPN or a fake profile complicates the investigation but does not make it impossible. Specialised police services (such as the Office mineurs / Minors Unit or digital technology investigators / cyber-investigators) work in collaboration with international authorities and web giants to trace back to the original connection.
On a criminal level, the minor is personally responsible if they possess the necessary discernment. However, on a civil level, parents are jointly and severally liable (solidairement responsables) for the damage caused by their minor child living with them (Article 1242 of the Code civil / French Civil Code). Therefore, it is the parents who will have to pay any financial damages awarded to the victim.
Defamation (diffamation) is the allegation of a specific fact that harms a person's honour (e.g., "X stole from the cash register"). Insult (injure) is an outrageous expression that does not contain the imputation of any specific fact (e.g., "X is an idiot"). Cyberbullying (cyberharcèlement) is the repetition of remarks (which can be insults, defamation, or simple intimidating messages) or their accumulation through the pack effect. The penalties for cyberbullying are much heavier than for simple insult.
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Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.