The Tortious Liability Research Of Cyberbullying

The term of cyberbullying was formerly came from the United States ofAmerican. According to their description and discussion on this newphenomenon, cyberbullying can be defined as an illegal conduct which byuse of information and communication technologies to support deliberate,repeated, and hostile behavior or spread out the victims' private or sensitiveinformation through the internet by an individual or group, that is intendedto harm or embarrass another person. Different from the heat debate on theissue of cyberbullying in the USA, there has no similar legal notion in ourcountry, nor has any native scholars focused on this cyber problem.Unlike the traditional physical infringement, cyberbullying can remainvirtually anonymous by using temporary email accounts, pseudonyms inchat rooms, instant messaging programs, and other Internet venues to masktheir identity, this perhaps frees them from normative and social constraintson their behavior. Due to the speciality of its behavior from the traditionaltort, it can be regarded as a new category of tort. By using of thecomparative and empirical approaches, and with the reference of theregulation experiences of the U.S.A, this paper will mainly discuss thetortuous liability of cyberbullying.The full text includes four chapters apart from the introduction andconclusion.The first chapter begins with the introduction of origination ofcyberbullying, after that, it will future introduce the definition, features andcommon categories of cyberbullying. The second chapter will probe the categorization of cyberbullying.This section will analyze the categorization reasons from three angles: theobvious difference from the orthodox tort, the special responsibilitycomposition, and the extraordinary legal meanings to the tort theory.The third chapter will analyze the choice of the regulation method. Itwill first demonstrate the American's regulation experiences and drawbacks,then it will discuss the effective anti-measures in our country. In addition,the importance of civil remedies (such as remedies from the tort law) willbe discussed at the end of this chapter.The fourth chapter is the empirical analyzation of cyberbullying. Thissection will mainly analyze the tortious liabilities of cyberbully infringersand the relevant third person, such as Schools and Internet ServiceProviders.