Schoolchildren continue to face significant bullying issues, exacerbated by widespread smartphone ownership and easy access to social media platforms, such as Snapchat, Instagram, TikTok and X. Besides the anonymous forums and chat rooms that have existed since the 2000s, most social media platforms offer high degrees of anonymity with low thresholds for identity verification. This presents an easy opportunity for impressionable youth to misuse it against their classmates. It is important to note that while not all conflicts are illegal, some can indeed be considered defamation and harassment under English law.
Distinguishing between morally wrong and illegal
It is not uncommon for conflicts to occur in school settings, although arguments, or rude or disrespectful one-off comments are insufficient to form the basis of a legal claim. In these situations, it is likely that the parties will either resolve the conflict amongst themselves or under the supervision of the school staff. While these incidents may be harmful or negative towards the individuals involved, they are rarely grounds for a legal claim.
However, if there are signs that point to something more serious, such as:
- Repeated targeting: sustained behaviour over a long period of time, or continuous targeting by multiple different people or accounts
- Malicious spreading of false information: false rumours of criminal activity, sexual misconduct, or other statements that would likely damage a child’s reputation
- Sexual humiliation: coerced images, false rumours of promiscuity, creating deepfakes of sexual content through AI or other software
- Impersonation: creating fake accounts and posting content that would lead others to hold negative beliefs towards the child, or operating “confession pages” with unreliable and false information submitted anonymously
In the above circumstances, it is likely that defamation and harassment are intertwined. Defamation can be a one-off statement that has had lasting effect on a person’s reputation, while harassment typically manifests as “patterns” – a course of conduct, usually two or more incidents, that causes distress or alarm. Messages that appear offensive, obscene, or threatening, can constitute harassment if sent repeatedly or by many people.
To prove defamation in England and Wales, “serious harm” must be demonstrated as a requirement. For instance, minor disputes between children might be overlooked. However, if they lead to serious outcomes like declining mental health, imminent physical danger or educational setbacks (like rescinded university or college acceptances), it would be prudent to pursue legal intervention without delay.
Because these are school-based, minor-on-minor cases of defamation and harassment may be disregarded. However, this is all the more reason to be vigilant in observing first signs of these bullying cases, and to reach out to the school or other authorities to curb them before they manifest into something that permanently damages the child’s development and quality of life.
If you need advice or assistance, please contact Nath Solicitors on 0203 983 8278 or get in touch with the firm online.