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28 IIUMLJ 325 (2020)
Cyberbullying among Children: A Cross Jurisdictional Perspective

handle is hein.journals/iiumlj28 and id is 325 raw text is: 28 (SI) 2020 IIUMLJ 325 - 349

CYBERBULLYING AMONG CHILDREN: A CROSS
JURISDICTIONAL PERSPECTIVE*
Norjihan Ab Aziz**
Noor Shuhadawati Mohamad Amin***
ABSTRACT
The offence of cyberbullying is becoming prevalent in the digital era.
This involves embarrassing pictures of the victims, negative comments
on social media, and the internet with the intent to harass or shame the
victims. In Malaysia, cyberbullying is governed by the Communication
and Multimedia Act 1998 and the Penal Code. However, if the
perpetrator is a child, the Child Act 2001 governs the criminal process
and the disposition of the case, which is punitive in nature. The United
Nations encourages state parties to apply restorative justice to deal with
cyberbullying. New Zealand has implemented a family group conference
to resolve criminal offences committed by children, which includes
cyberbullying. The objective of this article is to examine the nature of
cyberbullying among children. This article also analyses the process
under the United Nations Convention on the Rights of the Child, New
Zealand law, and Malaysian law on cyberbullying among children. It is
recommended that the Child Act 2001 is amended by allowing children
who are involved in cyberbullying to resolve the case through a family
group conference as a process of restorative justice, which is
recommended by the United Nations. The significance of this research
is that it works towards the betterment of children's needs and welfare
in Malaysia. This research adopts a qualitative methodology that mainly
* This article is sponsored by the Research Acculturation Grant Scheme
under the project entitled Establishing the Legal Framework for Family
Group Conference to Resolve School Bullying in Malaysia research
project (IRAGS18-009-0010).
** Assistant Professor, Legal Practice Department, Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University Malaysia. Email:
norjihanabaziz@iium.edu.my.
*   Assistant Professor, Legal Practice Department, Ahmad Ibrahim
Kulliyyah of Laws, International Islamic University Malaysia. Email:
shuhadaamin@iium.edu.my.

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