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"Cyberbullying in South African and American schools: A legal comparative study"


 
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1. Title Title of document Cyberbullying in South African and American schools: A legal comparative study
 
2. Creator Author's name, affiliation, country DM Smit; Department of Mercantile Law and the Centre for Labour Law, Faculty of Law, University of the Free State; South Africa
 
3. Subject Discipline(s)
 
3. Subject Keyword(s) cyberbullying; electronic media; harassment; learners; potential solutions; right to dignity and respect; right to free speech; schools; South Africa; United States
 
4. Description Abstract Bullying conjures up visions of the traditional schoolyard bully and the subordinate victim. However, bullying is no longer
limited to in-person encounter, having come to include cyberbullying, which takes place indirectly over electronic media. In
this electronic age, cyber platforms proliferate at an astonishing rate, all attracting the youth in large number, and posing the
risk that they may become subject to cyberbullying. Far from being limited to those individual learners being cyberbullied,
the effects of this phenomenon extend to the learner collective, the school climate, and also the entire school system, man-
agement and education, thus requiring an urgent response. This article first provides a general overview of cyberbullying and
its impact on learners, schools and education. This is done through a comparative lens, studying the extent of the pheno-
menon in both the United States and South Africa. The focus then shifts to the existing legislative frameworks within which the
phenomenon is tackled in these respective jurisdictions, particularly the tricky balancing act required between learners’ constitutional
right to free speech and expression, and the protection of vulnerable learners’ right to equality, dignity and
privacy. The article concludes by proposing certain possible solutions to the problem.

doi: 10.15700/saje.v35n2a1076
 
5. Publisher Organizing agency, location Education Association of South Africa
 
6. Contributor Sponsor(s)
 
7. Date (YYYY-MM-DD) 2015-05-31
 
8. Type Status & genre Peer-reviewed Article
 
8. Type Type
 
9. Format File format PDF
 
10. Identifier Universal Resource Indicator https://www.sajournalofeducation.co.za/index.php/saje/article/view/1076
 
11. Source Journal/conference title; vol., no. (year) SA Journal of Education; Vol 35, No 2 (2015)
 
12. Language English=en en
 
13. Relation Supp. Files
 
14. Coverage Geo-spatial location, chronological period, research sample (gender, age, etc.)
 
15. Rights Copyright and permissions If the article is accepted for publication, copyright of this article will be vested in the Education Association of South Africa.

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