Cyberbullying: Legal Liability and Victims’ Rights

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Law 14.811/2024 expressly made bullying and cyberbullying crimes under Brazil’s Penal Code, with penalties of up to four years in prison. Victims can seek removal of content, compensation for moral damages, and criminal liability for the aggressors.

Law 14.811/2024 defined cyberbullying as a crime punishable by 2 to 4 years in prison, treating it as more serious than in-person bullying.

What Counts as Cyberbullying

Cyberbullying is the repeated intimidation, humiliation, or harassment of a person through digital platforms such as social networks, messaging apps, online games, or any other electronic medium. Unlike traditional bullying, cyberbullying has no limits of time or place: the abuse can happen 24 hours a day and reach unlimited audiences.

Law No. 13.185/2015 (the Anti-Bullying Law) and Law No. 14.811/2024 set out the legal framework for confronting bullying and cyberbullying in Brazil, and they expressly criminalize this conduct.

Applicable Legislation

Law 14.811/2024: Criminalization of Bullying

Law 14.811/2024 added article 146-A to the Penal Code, which expressly defines bullying and cyberbullying as crimes:

• Bullying (art. 146-A, caput): systematically intimidating a person or group through physical or psychological violence. Penalty: fine
• Cyberbullying (art. 146-A, sole paragraph): when committed through the internet, social networks, apps, or similar means. Penalty: 2 to 4 years in prison and a fine

The difference in penalties shows that lawmakers saw cyberbullying as more serious, given how far it can reach and how hard it is to control its spread.

Other Crimes That May Apply

Depending on the specific conduct, cyberbullying may also amount to:

• Insult (art. 140, CP (Brazil’s Penal Code)): offending a person’s dignity or decorum. Penalty: 1 to 6 months of detention
• Defamation (art. 139, CP): attributing to someone a fact that damages their reputation. Penalty: 3 months to 1 year of detention
• Stalking (art. 147-A, CP): repeated harassment or pursuit. Penalty: 6 months to 2 years in prison
• Threat (art. 147, CP): threatening someone with unjust and serious harm. Penalty: 1 to 6 months of detention

Liability of the Aggressors

Persons 18 and Older

Adults face both criminal and civil liability. In addition to the criminal case, the victim can seek compensation for moral damages in civil court. The amount varies with the extent of the harm and the aggressor’s financial capacity.

Persons Under 18

Minors commit an ato infracional (an infraction equivalent to a crime), which is subject to the socio-educational measures set out in the ECA (Brazil’s Statute of Children and Adolescents, Law 8.069/1990). The parents or guardians are civilly liable for the acts of their minor children (art. 932, I of the CC (Brazil’s Civil Code)) and can be ordered to pay compensation.

Liability of Schools

Law 13.185/2015 requires schools to put anti-bullying programs in place. Failing to do so can make the institution liable. Schools have a duty of supervision and can be held liable for failing to act if they know about cyberbullying by their students and take no measures.

Victims’ Rights and Protective Measures

A victim of cyberbullying can take the following steps:

1. Preserve evidence: take screenshots, save messages, and record URLs and timestamps
2. File a police report: at a police station or through the online police station
3. Request removal of content: notify the platform and, if necessary, seek a court order
4. Seek a protective order: in serious cases, the judge can order the aggressor to stay away and bar any contact
5. File a compensation lawsuit: for moral damages against the aggressor and, depending on the case, those responsible for the aggressor

The Role of Digital Platforms

Under Brazil’s Internet Civil Framework (Marco Civil da Internet), providers are held liable only after a court order (art. 19). Even so, Law 14.811/2024 reinforced platforms’ obligation to adopt mechanisms for reporting and removing content involving children and adolescents. Failing to comply can result in civil liability.

Psychological Impact and Support for the Victim

Cyberbullying often leaves marks that go far beyond the immediate damage to a person’s reputation. Studies in psychology and mental health show that victims of digital harassment frequently develop symptoms of anxiety and social isolation, see their performance at school or work decline, and, in more serious cases, suffer from depression. For this reason, early psychological support is an essential part of the response, not a secondary detail. Schools, families, and employers should create safe channels for victims to speak up, making sure they feel supported and are not blamed for the abuse they suffered.

In legal terms, these non-material harms are taken into account when setting compensation for moral damages. Brazilian case law has weighed the degree of exposure, the duration of the attack, the number of people reached by the offensive post, how long the content persists in search engines, and the concrete impact on the victim’s daily life. Psychological evaluations, medical records, and school records can strengthen the proof of suffering. This allows the judge to set an amount that matches the extent of the harm, without turning the award into a source of undue enrichment.

Beyond individual action, fighting cyberbullying depends on an effective protection network. Guardianship Councils (Conselhos Tutelares), the Public Prosecutor’s Office (Ministério Público), the Public Defender’s Office (Defensoria Pública), CREAS (Brazil’s Specialized Social Assistance Reference Centers), and school ombudsman offices can all be contacted free of charge, especially when the victim is a child or adolescent. Coordination among these bodies allows for quick action, referral to health treatment, and the opening of the appropriate proceedings in each sphere, ensuring a response suited to the complexity of the digital phenomenon.

Frequently Asked Questions

Does sharing offensive memes about someone count as cyberbullying?

If the conduct is repeated and meant to intimidate, humiliate, or cause suffering, yes. A single, isolated share may amount to a different crime, such as insult or defamation, but cyberbullying requires repeated or systematic conduct.

Can a school be sued over cyberbullying among students?

Yes, if the school’s failure to act is proven. Schools have a legal duty to put prevention programs in place and to act when they learn of a situation. The school’s liability can be joint with that of the aggressor’s parents.

How do you prove cyberbullying?

Preserve all digital evidence: screenshots showing the date and time, URLs, and audio and video messages. For greater legal certainty, have a notarial record (ata notarial) drawn up at a notary’s office (cartório), which gives the online content the weight of public faith.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.