Cyberbullying in school

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Our son, who is currently a first year university student, was diagnosed with autism in his childhood. His performance in university has declined due to severe cyberbullying by a classmate, causing significant emotional distress and affecting his studies. These bullies have been mocking his condition through messages and physical abuse. Sometimes, they go to the extreme and post edited videos of our son on social media, displaying him as a mentally ill person.  Despite being aware of the bullying, his university has done nothing to stop this behaviour. We want to take legal action against the bullies. What legal options are available, and what evidence would be needed to support our case?
HJ, Arusha

We are sorry to hear about this. Cyberbullying is an offence per section 23 of the Cybercrimes Act No.14 of 2015. The Section states that a person shall not initiate or send any electronic communication using a computer system to another person with the intent to coerce, intimidate, harass or cause emotional distress. Any person who contravenes this section commits an offence and is liable on conviction to a fine of not less than TZS 5M or to imprisonment for a term of not less than 3 years or to both. As parents, you can pursue several legal options, including filing a complaint with the university administration and pressing charges with the police for cyberbullying.

In terms of evidence, our review of case law from various countries indicates that you would need to collect evidence, such as screenshots of bullying messages, emails, and social media posts. Testimonies from teachers, classmates, and mental health professionals can also support your case. The court will consider the severity and impact of the bullying on your son’s well-being. If the case is proven, the bullies may face disciplinary actions from the school and legal penalties, as prescribed by the law, and they will be ordered to cease contact with your son. Our laws are very strict on cyber bullying and to stop this behaviour you may consider the above.