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School Regulations and the Fight against Cyberbullying -  A Comparative Analysis

School Regulations and the Fight against Cyberbullying - A Comparative Analysis

German courts are dealing with more and more disputes about improper statements made by students on the internet. The subject matter of these proceedings are the disciplinary measures taken by the school, such as the temporary or permanent expulsion of students, that have been issued as a reaction to statements published on the internet by students in their spare time. However, the disciplinary law of schools can only be applied to acts committed in the students’ leisure time as an exception if everyday school life is disrupted by the act. Here, a range of questions regarding the differentiation arose and neither the literature nor the jurisprudence have developed sufficiently specified criteria so far.

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Project Description

In the US, comparable questions have already emerged much earlier. Since then, there has been an extensive debate in American law, that has shown remarkable results. This dissertation examines if and to what extend the criteria developed in the United States can be applied to the situation in Germany, and if they can aid in ensuring a greater measure of legal certainty here. At the same time, “peer group standards” shall be taken into account along with additional preventative measures originating from the area of media education in schools. 

Project Information

Overview

Duration: 2012-2015

Research programme:
Further Projects

Involved persons

Florian Seitz, LL.M. (UCT)

Third party

Cooperation Partner

Contact person

Florian Seitz, LL.M. (UCT)

Florian Seitz, LL.M. (UCT)

Hans-Bredow-Institut
Rothenbaumchaussee 36
20148 Hamburg

Tel. +49 (0)40 45 02 17 -0
Fax +49 (0)40 45 02 17 77

f.seitz@hans-bredow-institut.de

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