Cyberbullying attorney
End the harassment, obtain reparation.
Are you the target of cyberbullying, a digital raid or a coordinated insult campaign? INFLUXIO, attorneys practising digital criminal law (Article 222-33-2-2 of the French Criminal Code), intervenes urgently: anonymity lifting, complaint, civil party constitution, conviction of perpetrators and victim support in Paris, Brussels and across France.
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Practical examples
Identification and prosecution of an anonymous Discord harasser
A streamer was the victim of intense harassment via anonymous accounts on Discord and Twitter. Judicial requisitions were obtained identifying the perpetrator and criminal proceedings initiated resulting in a conviction.
Protection of a teenager victim of school cyberbullying
A high school student was subjected to coordinated raids on Instagram and Snapchat. Content removal was obtained, the main perpetrators identified via platforms, and the family supported in criminal proceedings.
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Victim of cyberbullying: urgent questions.
Cyberbullying escalates fast and can turn into a digital raid involving dozens of accounts within hours. Victims always face the same questions: how to protect themselves immediately, how to remove content, how to identify anonymous perpetrators, whether to file a complaint without delay, and what to do when the victim is a minor.
Our firm answers these urgencies and triggers the appropriate procedures within 24 hours.
What to do in the first 24 hours?
Preserve evidence before it is deleted: timestamped screenshots of every message, profile of every author, exact URLs, backup of conversation history. Ideally, have a judicial officer (commissaire de justice) draw up a formal report. Block harassing accounts without deleting conversations.
Report content on the PHAROS platform (internet-signalement.gouv.fr) and, for a minor, contact 3018 (Net Écoute, anonymous helpline dedicated to minors). Do not respond publicly to harassers: any reply may be weaponised.
Immediately contact a lawyer to qualify the facts and choose the strategy: civil route (accelerated proceedings on the merits under the LCEN for removal), criminal route (complaint with civil party constitution) or both in parallel.
How to obtain rapid removal of harassing content?
Notification to the host (Meta, X, TikTok, Google, YouTube) under the LCEN (as amended by the SREN Act of 21 May 2024) and the DSA (EU Regulation 2022/2065 directly applicable since 17 February 2024) imposes diligent review of reports.
In the event of inertia or for manifestly unlawful content (revenge porn, doxxing, discriminatory statements), accelerated proceedings on the merits before the president of the judicial tribunal (Article 6-I 8° LCEN) yield a removal order under penalty. The CNIL may also be seised when the harassment involves unlawful disclosure of personal data.
How to identify anonymous or pack perpetrators?
Anonymity is no shield.
On the basis of Article 145 of the French Code of Civil Procedure, the judge may be petitioned through adversarial interim proceedings or, more efficiently, by way of an ex parte request: anonymity lifting by ex parte request (non-adversarial procedure) allows obtaining, without alerting the perpetrators or the platforms, an order compelling hosts and ISPs to disclose connection data (IP addresses, identifiers) enabling the perpetrators to be identified.
Article 6.II of the LCEN provides a complementary basis. Data is retained for only one year, hence the urgency. Act n° 2018-703 of 3 August 2018 also enshrined the notion of digital raid: even without prior coordination, several authors having each posted a single message may be jointly prosecuted for cyberbullying, where the statements have been imposed on the victim repeatedly.
Should you file a complaint immediately? Where?
Yes, filing a complaint conditions the engagement of public action and judicial identification of perpetrators. Three criminal routes: police station or gendarmerie (simple complaint), directly the public prosecutor by registered mail, or complaint with civil party constitution before the senior investigating judge (recommended to trigger investigation when the prosecutor dismisses).
In parallel, reporting on PHAROS alerts specialised services.
To obtain conviction and damages, two routes are then available depending on the case: direct citation before the criminal court on the basis of Article 222-33-2-2 of the French Criminal Code, when evidence is consolidated and the perpetrator identified (a fast track securing both criminal conviction and compensation), or civil interim proceedings (référé) based on Article 1240 of the French Civil Code and Article 9 of the Civil Code (invasion of privacy), when urgent removal prevails, when the criminal qualification is uncertain or when the civil route is more appropriate (perpetrator a minor, cross-border facts).
Civil party constitution then allows compensation for moral damage, loss of professional opportunities, and medical or psychological costs.
What recourses for a minor victim of cyberbullying?
Act n° 2022-299 of 2 March 2022 created a standalone offense of school harassment (Article 222-33-2-3 of the Criminal Code), punishable by up to 10 years' imprisonment and €150,000 fine where the acts lead to suicide or attempted suicide.
The 3018 number (Net Écoute) operated by e-Enfance offers specialised listening and can have content removed within 24 hours through partnerships with the main platforms. The pHARe programme has been deployed across all schools since 2022.
Minors also benefit from a strengthened right to erasure under Article 17 of the GDPR (recital 65), allowing the deletion of content published while they were minors.
What is cyberbullying under criminal law?
Cyberbullying is a type of harassment that occurs online, on social media, or via any other digital communication means. It includes repeated behaviors aimed at harming a person, such as defamatory statements, threats, identity theft, or distribution of harmful content.
In France, moral harassment is punished under Article 222-33-2-2 of the Criminal Code on a sliding scale: 1 year imprisonment and €15,000 fine where the conduct caused total incapacity for work (ITT) of 8 days or less or no ITT; 2 years and €30,000 where ITT exceeds 8 days; 3 years and €45,000 with one aggravating circumstance (acts committed against a minor under 15, against a vulnerable person, by a spouse, or via an online public communication service); and up to 3 years and €45,000 where two such circumstances are combined (e.g., acts committed online against a minor).
Steps to fight cyberbullying.
Evidence collection.
To prove you are a victim of cyberbullying, it is essential to collect all possible evidence: screenshots of insulting statements, threats, or defamatory content, recordings, and any other documentation.
Filing a complaint.
Once evidence is collected, the victim should file a complaint with competent authorities such as the police or directly with the public prosecutor. The complaint should include all evidence and a detailed description of facts.
Specialized attorney assistance.
Seeking a specialized cyberbullying attorney is strongly recommended. The attorney will assist in all legal procedures, advise on your rights, and help prepare your case.
Other offenses related to cyberbullying.
Defamation or insult.
Defamation and insult are serious offenses consisting of damaging a person's honor or reputation through public statements or writings.
Image or privacy violations.
This includes distributing photos or videos without the person's consent, violating their image rights and thus violating their privacy and public image.
Revenge porn.
Revenge porn is the distribution of sexual content without the person's consent. It is a serious offense punishable under the Criminal Code.
Identity theft.
Identity theft consists of using another person's personal information to commit fraudulent acts or harm their reputation.
Malicious phone calls.
Malicious phone calls are a form of harassment including threats, insults, and obscene statements.
What is the role of a criminal cyberbullying attorney?
A criminal cyberbullying attorney plays a crucial role in victim protection. As a criminal law practitioner, they master the procedures of complaints with civil party constitution, judicial requisitions to identify anonymous perpetrators, and representation before the criminal court.
They assist in evidence collection (screenshots, judicial officer reports, digital forensics), complaint drafting and filing, and represent victims before criminal courts to obtain conviction of harassers and compensation for damages.
Our criminal law firm in Paris offers comprehensive assistance, combining criminal prosecution and civil measures (accelerated proceedings on the merits under the LCEN, host notifications) to guarantee the protection of your rights and online image.
The Legal Framework for Cyberbullying in France.
Cyberbullying is punished in France under a legislative framework that has been considerably strengthened in recent years. Article 222-33-2-2 of the Criminal Code, created by Law No. 2014-873 of August 4, 2014, established a general offense of moral harassment.
Law No. 2018-703 of August 3, 2018 subsequently expanded this offense to specifically cover cyberbullying, incorporating the concept of digital raids and increasing penalties for online offenses.
Law No. 2018-703 of August 3, 2018, strengthening the fight against sexual and sexist violence, broadened the definition of cyberbullying by incorporating the concept of "digital raids" (raids numériques): henceforth, the act of multiple persons, even without prior coordination, directing repeated statements or behaviors at the same victim constitutes harassment, even if each perpetrator acted only once.
Applicable penalties.
The criminal framework under Article 222-33-2-2 of the Criminal Code articulates several levels of sanctions depending on the result and circumstances. The base offense is punishable by one year of imprisonment and a €15,000 fine where the conduct caused total incapacity for work (ITT) of 8 days or less or no ITT. Penalties increase to two years and a €30,000 fine where ITT exceeds 8 days.
They reach three years of imprisonment and a €45,000 fine with one aggravating circumstance (acts committed against a minor under 15, against a vulnerable person, by a spouse or former spouse, or via an online public communication service). Where two such circumstances are combined, the maximum penalties remain set at three years and €45,000.
Law No. 2022-299 of March 2, 2022, aimed at combating school bullying, further increased these penalties when harassment leads to the victim's suicide or attempted suicide: penalties can then reach ten years of imprisonment and a €150,000 fine.
Reporting and removal procedures.
Several mechanisms allow for rapid action against cyberbullying content.
On the civil side, a victim may send a takedown notice to the content host under the LCEN (as amended by Law No. 2024-449 of 21 May 2024, the so-called « SREN Law », adapting French law to the DSA - Regulation EU 2022/2065 directly applicable since 17 February 2024) and bring accelerated proceedings on the merits before the president of the judicial tribunal (Article 6-I 8° LCEN) to have the content blocked or removed.
In parallel, reports filed through the PHAROS platform, managed by the OCLCTIC, alert criminal authorities. The CNIL may also be involved when harassment is accompanied by unlawful disclosure of personal data (doxxing, revenge porn).
Protection of Minors Against Cyberbullying.
The protection of minors who are victims of cyberbullying is subject to a specific legal framework, reinforced by Law No. 2022-299 of March 2, 2022.
Article 222-33-2-3 of the Criminal Code creates an autonomous offense of school bullying, including through digital means, punishable by three years of imprisonment and a €45,000 fine when it results in total incapacity to work of eight days or less, and ten years of imprisonment and a €150,000 fine when the acts lead the victim to commit or attempt suicide.
Institutional mechanisms.
The pHARe program, deployed by the French Ministry of National Education since the 2022 school year in all educational establishments, aims to prevent and address bullying situations.
The 3018 helpline (Net Écoute), managed by the e-Enfance association, provides a dedicated listening and support service for minor cyberbullying victims, complementing our work in defamation cases. Educational establishments have a duty to protect their students, and their liability may be engaged in case of failure to fulfill this duty of vigilance.
Enhanced right to erasure for minors.
The General Data Protection Regulation (GDPR) grants minors an enhanced right to erasure. Article 17 of the GDPR, read in light of Recital 65, provides that this right applies particularly when the data subject gave consent as a minor and was not fully aware of the risks involved in the processing.
This right enables minor victims to request the deletion of cyberbullying content concerning them from data controllers, without having to justify a particular reason. In case of refusal, the CNIL (French Data Protection Authority) may be referred to and has reinforced sanctioning powers.
Criminal procedure and victim accompaniment.
Cyberbullying is a specific criminal offence under Article 222-33-2-2 of the French Criminal Code (2 years imprisonment, €30,000 fine, raised to 3 years and €45,000 when the victim is a minor under 15).
The Law of 24 January 2023 (LOPMI) created an aggravating circumstance for offences committed via electronic communications, and the Law of 7 July 2023 introduced the 'school harassment' offence (Article 222-33-2-3 Criminal Code: up to 10 years if suicide attempt occurs).
Our firm represents victims throughout the criminal procedure: filing the complaint, partie civile constitution, expertise requests, and damages recovery. We coordinate with the public prosecutor's specialised cybercrime sections (Section J3 in Paris) and with PHAROS.
Emergency removal and platform cooperation.
Under DSA Articles 16 and 22 (applicable since 17 February 2024) and Article 6-I-8 of the LCEN Law of 21 June 2004, we obtain emergency removals via judicial référé (Article 835 CPC) within 48-72 hours. Platforms face €1,000/day per delay penalties and may face DSA fines up to 6% of global turnover.
Compensation and victim funds.
Victims may claim moral and financial damages (loss of income, medical expenses, schooling impact). The CIVI (Commission d'indemnisation des victimes d'infractions) and the SARVI provide additional protection when the offender is insolvent.
Useful glossary in cyberbullying law.
- Article 222-33-2-2 of the French Criminal Code
- aggravated harassment offence using an online public communication service, punishable by 3 years of imprisonment and a €45,000 fine ; aggravating circumstances for minors or spouse.
- Digital pile-on
- aggravating circumstance introduced by Act n° 2018-703 of 3 August 2018, when statements are inflicted on a victim by multiple persons even without prior concertation (mob harassment campaign).
- Pharos
- official online platform for reporting illegal content, managed by OCLCTIC (Central Office for Combating Crime Linked to Information and Communication Technologies).
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FAQ
Frequently asked questions.
Collect all possible evidence: screenshots, recordings, and communication copies. This evidence is essential for establishing facts before authorities.
Under Article 222-33-2-2 of the Criminal Code, penalties vary depending on the result and circumstances: 1 year imprisonment and €15,000 fine where the conduct caused ITT ≤ 8 days or no ITT; 2 years and €30,000 where ITT exceeds 8 days; 3 years and €45,000 with one aggravating circumstance (acts committed online, against a minor under 15, against a vulnerable person, or by a spouse).
The discriminatory nature of attacks is also considered as an aggravating factor.
You can file a complaint with the police, gendarmerie, or directly with the competent public prosecutor. Provide all evidence and a detailed description of facts.
A specialized attorney can help identify the perpetrator by collaborating with authorities and using legal means to obtain necessary data. Note that multiple people cyberbullying someone is also condemned, even if each author sends only one message (mob effect).
The Law of August 3, 2018 introduced the concept of digital raids: the fact that several people, even without prior agreement, send repeated words or behaviors to the same victim constitutes harassment, even if each author acted only once. Penalties are aggravated when the acts are committed online.
Cyberbullying is defined in Article 222-33-2-2 of the French Criminal Code as the act of harassing a person through repeated remarks or behaviors aimed at or resulting in a deterioration of their living conditions, when committed via an online public communication service.
It is punishable by 2 years' imprisonment and a €30,000 fine, increased to 3 years and €45,000 in case of aggravating circumstances.
Yes. The French law of 3 August 2018 expressly included mob harassment: the offense is constituted even without repetition by each perpetrator, when the remarks or behaviors are imposed on the victim by several persons, in a coordinated manner or at the instigation of one of them, or successively, knowing that these remarks constitute a repetition (Article 222-33-2-2 paragraph 4 Criminal Code).
Identification goes through an anonymity-lifting procedure based on Article 145 of the French Code of Civil Procedure, complemented where appropriate by Article 6.II of the LCEN. Two routes are available before the President of the Judicial Court: adversarial interim proceedings or, more efficiently, an ex parte request (non-adversarial procedure).
Anonymity lifting by ex parte request allows obtaining, without alerting the perpetrators or the platforms, an order compelling hosts and ISPs to disclose connection data (IP addresses, logs, identifiers). The action timeline is critical as this data is only retained for one year.
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In short
INFLUXIO is a law firm specialized in cyberbullying, based in Paris. 222-33-2-2 French Penal Code): digital raids, group harassment, Pharos complaint, perpetrator identification, victim defense.
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