Today bullying, discrimination, intimidation, ridicule or the publication of sensitive content on the Internet use is all too common among children and adolescents.
These actions violate rights and go against the law, and parents may incur the costs of administrative offences and criminal behaviour of their underage sons and daughters.
It is indeed a problem that many parents face and that may result in different types of liabilities. Today we will discuss them.
Types of liabilities as a result of misusing the Internet
1. Administrative liability
Publishing sensitive information about a person (images, audio files, videos, information of a sexual or violent nature through which they can be identified). Without consent on the Internet is a violation of the data protection regulations that, without prejudice to filing a complaint through the Priority Channel of the Data Protection Agency to request the urgent removal of this content. May result in an economic sanction for the person who published it or contributed to its dissemination.
The parents or legal guardians of minors over the age of 14 who are given an economic sanction due to violating the data protection regulation shall be jointly and severally liable.
2. Civil responsibility
Material and moral damages caused to third parties by minors as a result of this behaviour gives rise to asset civil liability. For which parents and legal guardians are responsible.
3. Criminal liability
Minors over the age of 14 are also liable for offences listed in the Penal Code such as bullying, threats or disseminating or forwarding images that undermine a person’s intimacy, even if they were obtained with their permission, which is applicable in sexting or cyberbullying cases.
The measures in these cases depend on the circumstances, such as evolutionary development, background, etc., and normally community service or socio-educational tasks are ordered, and probation and imprisonment (placement in centres or weekend residency) may even be imposed.
* Organic Law regulating the criminal liability of minors
4. Disciplinary liability in education
These behaviours can lead to disciplinary liability when they take place in schools (bullying, intimidation, humiliation, serious offences, discrimination or violence towards other students or teachers on the Internet). Corrective measures ranging from a verbal or written warning to the student’s suspension from the school or exclusion can be imposed.
As you can see, many liabilities may arise as a result of misusing the Internet. If you find yourself in one of these situations, Bacaria Legal can help.