Powered by OpenAIRE graph
Found an issue? Give us feedback
ZENODOarrow_drop_down
ZENODO
Article . 2026
License: CC BY
Data sources: Datacite
ZENODO
Article . 2026
License: CC BY
Data sources: Datacite
versions View all 2 versions
addClaim

THE CRIMINAL LAW RESPONSE TO CYBERBULLYING: A COMPARATIVE ANALYSIS OF OMANI, US, UK, AND FRENCH LEGISLATION

Authors: Ahmad Mohamad Alomar1, Abdullah Ali Salim Al. Shibli2, Said Ali Hassan Al. Mamari3, Radwan Ahmad Al-Haf 4, Zaki Mohamed Channak5;

THE CRIMINAL LAW RESPONSE TO CYBERBULLYING: A COMPARATIVE ANALYSIS OF OMANI, US, UK, AND FRENCH LEGISLATION

Abstract

This paper examines cyberbullying as a distinct form of digitally mediated harm that challenges traditional categories of criminal law. Using a comparative doctrinal and case-law analysis of the Omani, American, British, and French legal systems, it evaluates whether existing penal and cybercrime frameworks can genuinely accommodate the specific features of cyberbullying and provide effective protection for victims. The study argues that cyberbullying is defined by a particular constellation of characteristics—deliberate targeting, repetition or persistence, technological amplification, and structural power asymmetry—that qualitatively distinguish it from related offences such as defamation, threats, privacy violations, and unlawful access to information systems. Drawing on key decisions of the United States Supreme Court on online threats and harassment, as well as leading judgments of the European Court of Human Rights and recent rulings of the Omani Supreme Court on insult and violations of private and family life committed via digital means, the paper shows both the flexibility and the limits of applying existing offences to sustained online abuse under robust free-speech guarantees. The comparative findings reveal a fragmented regulatory landscape. French law has moved towards explicit criminalisation of cyberbullying, many U.S. states have adopted specialised anti-bullying statutes within tight constitutional constraints, and the United Kingdom relies on a dispersed set of communications and harassment offences. By contrast, Omani law still addresses cyberbullying only indirectly through general penal and cybercrime provisions, leaving significant gaps regarding behaviours such as impersonation, systematic exclusion, and coordinated digital attacks. In light of these results, the paper proposes a tailored legislative framework for Oman that recognises cyberbullying as an autonomous criminal offence and complements criminal sanctions with preventive, educational, and technical measures, seeking to reconcile robust protection of psychological integrity and human dignity with constitutional guarantees of freedom of expression.

Related Organizations
Keywords

Cyberbullying, Comparative Criminal Law, Digital Harassment, Online Safety, Judicial Interpretation, Legislative Reform

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!