Www.stopbullying.gov defines cyber-bullying as –

“Cyberbullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyberbullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else causing embarrassment or humiliation. Some cyberbullying crosses the line into unlawful or criminal behavior.”

Section 27 of the Computer Misuse and Cybercrimes Act, 2018 provides the following in relation to what it terms as cyber harassment –

(1) A person who, individually or with other persons, wilfully communicates, either directly or indirectly, with another person or anyone known to that person, commits an offence, if they know or ought to know that their conduct—
(a) is likely to cause those persons apprehension or fear of violence to them or damage or loss on that persons’ property; or
(b) detrimentally affects that person; or
(c) is in whole or part, of an indecent or grossly offensive nature and affects the person.

(2) A person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding twenty million shillings or to imprisonment for a term not exceeding ten years, or to both.
(3) A person may apply to Court for an order compelling a person charged with an offence under subsection (1) to refrain from—
(a) engaging or attempting to engage in; or
(b) enlisting the help of another person to engage in, any communication complained of under subsection (1).

The provision deals with the scourge that is cyber-bullying. Unfortunately the provision is vague. One, the Act does not define cyber harassment. Two, it does not contextualise the crime. Three, it provides for punishments that would have a chilling effect on the right to freedom of expression. However, it is the only legislative provision that specifically deals with cyber-bullying. Where one is charged under the provision, it is possible to challenge its constitutionality.

What are other options in  dealing with cyber-bullying?

One, if the cyber-bullying involves revenge porn, there are various legal options available as I have stated in my article ‘The Revenge Porn Dilema’. You may access the article here – https://www.laibuta.com/human-rights/the-revenge-porn-dilemma/ .

Two, if it involves defamation, one may file a suit against the aggressive party. However for a defamation suit to hold, the defamatory statements must be false, they must be stated or ‘published’ to a third party and should have caused damage to the reputation of the defamed person.

Three, if the bullying does constitute hate speech, it becomes a crime as per Section 13 of the National Cohesion and Integration Act, 2008. The provision provides –

(1) A person who—
(a) uses threatening, abusive or insulting words or behaviour, or displays any written material;
(b) publishes or distributes written material;
(c) presents or directs the performance the public performance of a play;
(d) distributes, shows or plays, a recording of visual images; or
(e) provides, produces or directs a programme,
which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behaviour commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up.
(2) Any person who commits an offence under this section shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both.

Four, Section 238 of the Penal Code makes it an offence to intimidate and molest. Section 238(2) provides that a person who intimidates another person, with intent to cause alarm to that person or to cause him to do any act which he is not legally bound to do or to omit to do any act which he is legally entitled to do, causes or threatens to cause unlawful injury to the person, reputation or property of that person or anyone in whom that person is interested.

Thus, in relation to hate speech and intimidation on the cyber space, one may pursue criminal charges.

Lastly, many online platforms including Twitter, YouTube, Facebook and Instagram have provisions to report persons engaged in cyber bullying. The platforms then exercise their discretion to either pull down content, warn an individual, suspend them or expel them.