Cyberbullying in South African and American schools : a legal comparative study
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Date
2015-05
Authors
Smit, D. M.
Journal Title
Journal ISSN
Volume Title
Publisher
Education Association of South Africa (EASA)
Abstract
Bullying conjures up visions of the traditional scho
olyard bully and the subordinate victim. However, b
ullying is no longer
limited to in-person encounter, having come to incl
ude cyberbullying, which takes place indirectly ove
r electronic media. In
this electronic age, cyber platforms proliferate at
an astonishing rate, all attracting the youth in l
arge number, and posing the
risk that they may become subject to cyberbullying.
Far from being limited to those individual learner
s being cyberbullied,
the effects of this phenomenon extend to the learne
r collective, the school climate, and also the enti
re school system, man-
agement and education, thus requiring an urgent res
ponse. This article first provides a general overvi
ew of cyberbullying and
its impact on learners, schools and education. This
is done through a comparative lens, studying the e
xtent of the phenome-
non in both the United States and South Africa. The
focus then shifts to the existing legislative fram
eworks within which the
phenomenon is tackled in these respective jurisdict
ions, particularly the tricky balancing act require
d between learners’
constitutional right to free speech and expression,
and the protection of vulnerable learners’ right t
o equality, dignity and
privacy. The article concludes by proposing certain
possible solutions to the problem.
Description
Art. # 1076, 11 pages, doi: 10.15700/saje.v35n2a1076
Keywords
Cyberbullying, Electronic media, Harassment, Learners, Potential solutions, Right to dignity and respect, Right to free speech, Bullying in schools -- South Africa, Bullying in schools -- United States, Schools -- United States, Schools -- South Africa
Citation
Smit, D. M. (2015). Cyberbullying in South African and American schools: a legal comparative study. South African Journal of Education, 35(2), 01-11.