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Review of the book “Cyberbullying”. Analysis of
the victimization of minors in cyberspace from
the theory of everyday activities
Reseña del libro “El Ciberacoso”. Análisis de la
victimización de menores en el ciberespacio desde la
teoría de las actividades cotidianas
Luis Alejandro Vásquez Reina
Independent legal researcher
City:
Ibarra
Country:
Ecuador
Original article (book review)
RFJ, No. 11, 2022, pp. 176 - 191, ISSN 2588-0837
Review of García Guilabert, Natalia, El ciberacoso, Editorial IBdef, Buenos
Aires, 2017, Editorial IBdef, Montevideo, 2017, 303 pp.
ISBN.978-9974-
745-29-2.
Recensión de García Guilabert, Natalia, El ciberacoso, editorial IBdef,
Buenos Aires, 2017, Editorial IBdef, Montevideo, 2017, 303 pp.
ISBN.978-
9974-745-29-2
.
ABSTRACT:
This research reviews the work Ciberacoso, by
the author Natalia García Guilabert. It analyses cyberspace as
a new area of criminal opportunity, minors as victims of non-
sexual cyberbullying, the theory of everyday activities, and the
victimisation of continuous non-sexual cyberbullying in minors.
It includes an explanation of the structure of the document,
emphasising the contribution this publication provides for law
school students, teachers, trial lawyers, prosecutors, and judges.
DOI 10.26807/rfj.v11i11.377
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KEYWORDS:
cybercrime, access to information, data privacy,
right to privacy, communications law.
RESUMEN:
Este artículo realiza una reseña de la obra Ciberacoso,
de la autora Natalia García Guilabert. Analiza el ciberespacio
como nuevo ámbito de oportunidad delictiva, los menores como
víctimas del ciberacoso no sexual, la teoría de las actividades
cotidianas, la victimización de ciberacoso continuado no
sexual en menores. Incluye una explicación sobre la estructura
del documento, enfatizando el aporte que proporciona esta
publicación para los estudiantes de las facultades de Derecho,
los docentes, abogados litigantes, fiscales y jueces.
PALABRAS CLAVE:
cibercrimen, acceso a la información,
privacidad de los datos, derecho a la privacidad, legislación de
las comunicaciones.
JEL
CODE:
D8, L86.
INTRODUCTION
The book is the result of the doctoral thesis
“Victimisation by acts of continuous cyberbullying and
everyday activities in cyberspace”, part of the Inter-University
Doctorate Programme in Criminology of the University of
Granada, the University of Murcia, and the Miguel Hernández
University. It is not complicated to read, although it is important
to have a basic knowledge of Criminal Law to be able to enjoy
the content and establish personal criteria. The bibliographical
sources used are the result of major studies by leading authors
worldwide, which contributes to the wealth of knowledge and
to have a broad vision, which includes experiences and reflects
the evidence of the methodology applied. Among the authors,
we can mention the most relevant in the history of Criminal
Law and Criminology (Brantingham, Ekblom, Miro, Wall,
Cohen and Felson, and Grabosky, among others). It is a work
that shows off a high level of academic research.
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1. STRUCTURE
It consists of five chapters, which are developed by
the name of each chapter and are uniform in the concepts and
strategy used by the author to try to achieve the understanding
and interest of the reader.
1). The first chapter deals with cybercrime and
analyses the opportunities that technology has provided and
the behaviours that arise from this relationship with human
beings. It also highlights its evolution and the generations that
have been varying concerning the types of criminal behaviour.
What is interesting is that it establishes certain classifications
according to the authors cited, in which it clarifies and
exemplifies various realities that occur in today’s world. (Wall,
2001, pp. 1-17), distinguishes four categories of cybercrime:
Cyber trespass: refers to unauthorised access to
computer systems, where the rights established by the
owner himself prevail. Hacking, malware infections,
etc. are included in this category.
Cyber-deceptions/thefts: this category includes all
greedy attacks and encompasses different forms of
fraud in cyberspace, e.g. credit card fraud.
Cyber-pornography/obscenity: covers all criminal
offences related to the publication of or trade-in
sexually explicit material in cyberspace.
Cyber-violence: includes within this category all
individual or group activities, which aim at psychological
harm or incitement to physical harm against others.
This may include behaviour such as cyberstalking,
cyberbulling, hate speech, etc.
This reflects the reality of cybercrime in the world
and describes the behaviours that threaten states, companies,
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and individuals; on the other hand, it is also analysed in terms
of the role of ICTs in the production of cybercrime. One
classification that caught my attention is that of (Miro, 2012)
who distinguishes the different purposes:
Economic cybercrimes: this category includes crimes
whose purpose is to obtain a direct or indirect financial
benefit. Furthermore, it includes not only those that
directly affect people’s assets, but also those that affect
other assets, such as privacy, security, systems, etc., but
whose aim is to obtain personal benefit.
Social cybercrime: this category is related to people’s
communication for the internet, i.e., it relates to the
‘social’ part of cyberspace.
Political cybercrimes: this last category encompasses all
illegal acts related to ideological or political struggles.
From this author, it should be noted that nowadays society
faces a variety of challenges such as hackers, bank robberies and
fraud, cyberstalking, cyberbullying, grooming, etc. But in the
same way, it can be seen that there is a political purpose in which
there are ideological captures, an issue of great seriousness, and
above all because of the problems that are generated for the
different members of society. Political cybercrimes could be
a danger for the future and International Humanitarian Law is
already analysing them from different angles.
It is necessary to highlight the crime of web 2.0 when
people’s lives are surrounded by the internet and technological
devices, a situation that allows the creation of communication
tools such as social networks where they can contact anyone,
anywhere, at any time.
There is a temporal aspect to the use of cyber technology
and more specifically the Internet. However, time in
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cyberspace is not necessarily a supplementary variable
that can explain simultaneity. (Smith and Stamatakis,
2020, p. 445).
However, the author notes that sharing one’s private
life through this medium entails exposure to numerous risks
that can have a negative impact. Social cybercrime takes place
in interpersonal relationships that now take place in cyberspace
what used to take place in physical space, among the types of
this modality we find the following:
Sexual harassment or grooming and other forms of
sexual assault in cyberspace.
Bullying and stalking as forms of continuous harassment
in cyberspace.
Cyberharassment or individualised harassment attacks
in cyberspace.
Something that stands out in this chapter is the structure
of the internet as a new and different sphere of opportunity.
Moreover, the book points out that the questions are: What is
cyberspace like? How does it differ from physical space? How
do its characteristics have an impact on criminal events?
Williams (2007) points out that “crime, like any social
activity, is dependent on space and time. Then, cyberspace
must be understood as arising from the interconnectedness of
users through ICTs” (pp. 514-521).
However, he goes further by pointing out that without
communication between users, the network would not exist:
Cyberspace exists only as a relational space; its reality
is constructed through the exchange of information;
that is, it is both space and medium. A network
without interaction between its members ceases to
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be a network; the network exists because there are
relationships between its members. (Aguirre, 2004, pp.
1-33).
It can be said that communication is flexible because
space and time are changing because of the facilities provided
by the internet and technological devices; before it was
necessary to plan a meeting to have a meeting or appointment,
now through social networks it has changed people’s lives and,
above all, we are facing a new reality.
2). The second chapter deals with minors as victims of
non-sexual cyberbullying, in which the use of technology and
its incidences from an early age are analysed, and it should also
be mentioned that it has been an ideal medium for establishing
social relations, and among the curious data it is established that
there is an exaggerated growth in statistics that demonstrate
the high impact that can be caused in minors when there is a
lack of knowledge of the appropriate use of social networks
that put privacy and intimacy at risk. It is necessary to mention
that as ICTs evolve, the possibilities of creating new forms of
victimisation such as cyberbullying are expanding, but we must
know the basic concept of bullying.
The first authors to propose a general concept of
bullying were Smith and Sharp-Sharp, who define it as
an everyday relationship between several people who
exercise a systematic abuse of power. (Ruiz, Rodríguez,
Llanes and Blanco, 2019, p. 198).
The author mentions that the internet is not only
a tool for communication, but also a powerful tool for
knowledge, entertainment, sharing information with others,
and consumption. One can speak of a revolution in both
communication and entertainment activities, where children
have access to a variety of online gaming options that can be
accessed through computers, smartphones, tablets, etc.
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In most cases it can be said that minors carry out these
activities alone, without the company of other people, they
connect in real-time with their friends and people they know
through online games as well as the use of social networks; this
has been a concern over time because they are not aware of the
existing danger. How people’s private lives are published makes
it an optimal place to carry out crimes against honour, dignity,
privacy, or sexual freedom.
Within the prevalence of victimisation, it has been
mentioned that in Spain there are data that vary from 0.4% to
44%, but there is a replica in other countries in the different
international studies where there is a variation from 6% to
40%, and even up to 72%. Among the countries that stand out
are the USA, Canada, the United Kingdom, Belgium, and the
Netherlands, among others.
Risk factors for non-sexual cyberbullying in minors
include the following: demographic characteristics, personality,
and daily activities. This must be analysed to have a broader
analysis and a well-structured knowledge, which cannot be
taken lightly because it is the nature of the problem.
Demographic characteristics of cyberbullying
They have been divided into three groups: the first
group is made up of those who have concluded that gender has
no effect on cyberbullying, or in other words, that this behaviour
occurs to the same extent in both men and women; the second
group is made up of those who have concluded that it is men
who are more likely to suffer harassment through ICTs; finally,
the third group of studies concludes that it is women who are
more likely to be victims of cyberbullying.
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Personality
Among the variables developed we find the following:
the loneliness of young people because they may have
difficulties in developing social relationships in physical space,
a situation that leads them to search the internet; the feeling
of satisfaction, understanding that a good level of satisfaction
is related to positive development and, on the contrary, a low
level is related to carrying out more risky behaviours; internet
addiction, understood as a continuous need to connect to the
internet, which seriously affects mood and contributes to social
isolation and the destruction of relationships; perceived social
support, children who feel less supported by their parents have
more problems with cyberbullying and a poor parent-child
relationship has negative effects, this is because children do not
tell what they are going through.
Day-to-day activities
This trend analyses victimisation in terms of the
activities carried out by minors, which is intended to constitute
a focus of attention to be able to establish prevention strategies.
For this reason, the following variables have been analysed:
number of hours on the internet, tools used, voluntary cession
of information, online deviant behaviour, and the physical
location of the child when surfing the internet. A study has also
been carried out on the physical attractiveness of the victims
and there is an investigative analysis:
Direct and indirect associations of physical
attractiveness with sexual victimisation were
particularly strong. For example, very attractive
children were five times more likely than other
children to have experienced child sexual abuse.
(Savolainen, Brauer and Ellonen, 2020, n. p.)
3). The third chapter develops the so-called theory
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mentioned in the main title of the work, the curious thing is
to focus on the study of criminology and identify the factors
that have led to committing certain crimes and also analyzes
from a perspective of psychology taking into account mental
disorders, without setting aside the sociological point of view.
In the criticism directed at the criminal justice system because
of the ever-increasing figures of criminality and, on the other
hand, the advances in research that have led to new theories
such as everyday activities, in the beginning, we studied the
prominence of acts carried out outside the home, consumer
goods and how people carried out their transactions.
Among the acquisitions that people make we find
technology and its equipment with their respective peculiarities,
leading to the increase of suitable targets in the absence of
guardians. This theory is explained under three elements: a) a
potential offender; b) a target or victim; and, c) the absence of
guardians who can give protection to the victim.
The likelihood that a target is more or less suitable
is influenced by four attributes, described from the
offender’s point of view by the acronym VIVA (value,
inertia, visibility, and accessibility) that define its level
of risk. (Cohen and Felson, 1979; Felson and Clarke,
1998, pp. 588-608).
The value referred to that calculation; inertia referred
to the physical aspects of the person or asset; visibility as
exposure of targets to offenders; and, accessibility referred to
the place and location, which allows or facilitates the offender
to carry out his work in such a way that there is no obstacle to
the accomplishment of the act.
The theory has now been rethought in the light of
new routines in cyberspace, which can increase or create new
criminal opportunities. In the past, criminality was studied by
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taking into account the victims who were outside the home,
but technological advances analyze new areas of criminal
opportunity. Grabosky (2001) pointed out in his doctrine:
“Virtual Criminality-Old Wine in the new bottles, meaning
that some behaviours already existed in the past, but in today’s
virtual criminality, behaviours come through new media” (pp.
243-249).
One of the biggest problems today is the contraction
of space, which means that it makes possible instantaneous
encounters and interactions between actors who are distant
from each other; this makes people vulnerable because of the
existence of potential predators who have an immediate reach.
An individual can reach, interact and cause harm to several
people instantly, and in most cases, there is anonymity, which
complicates the situation in the investigation of cases where
cybercrime has been committed.
The researcher points out that today, the appearance of a
new transnational personal communication space, universal and
subject to permanent revolution, such as cyberspace, anticipates
the existence of a new context of criminal opportunity that will
coexist in time with that of physical reality, and which may
share with it the fact that crime will depend on the relationship
between offender, victim and protection mechanisms.
Depending on how these virtual spaces are configured,
criminals and victims may converge in one way or
another. Depending on where they pass through, targets
will be more or less visible, users will be able to exercise
more or less social control, and potential victims will
have certain resources to encourage their self-protection.
(Miró, Drew, and Townsley, 2020, p. 144).
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From the information on the activities carried out
by minors, we can have information that allows us to know
about their activities and risk tendencies that may exist daily,
prevention strategies should be used to reduce the danger on
social networks to prevent them from becoming victims of
criminals who are on the internet causing irreversible damage.
4). The fourth chapter analyses the victimisation of
continuous non-sexual cyberbullying among minors. The
study was carried out on a representative sample of minors in
the province of Alicante, as it was found that the use of ICTs
is excessive among minors. Among the general objectives is to
determine, on the one hand, the prevalence of victimisation
by continuous non-sexual cyberbullying by minors, and on the
other hand, to determine which common practices affect the
likelihood of a minor being a victim of this form of cybercrime.
a) The first of the hypotheses postulate that minors who
introduce personal property into cyberspace are more at risk
of being victims of continuous cyberbullying, the conscious or
unconscious introduction of personal property into cyberspace
implies that it becomes available to other people. b) The second
hypothesis is based on the idea that the Internet user does not
become visible simply by his or her presence in cyberspace but
through interaction with others, for example, when the user
uses social networks, online games, or other communication
tools. c) Children who use ICTs in a way that entails less
possibility of family control are more likely to become victims
of ongoing cyberbullying. It should be noted that the best way
to have parental control is to be included in their social network
profiles as friends and that there is control of the Smartphone
or personal computer. The sample used to carry out this study
is made up of 2038 secondary school and high school students
in the province of Alicante.
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Among the dependent variables, the dependent
variables were chosen to analyse victimisation by specific acts
of cyberhassment or continued cyberbullying, concerning
four: insulting, rumours, repeated unwanted contact, and
marginalising. Among the independent ones, a total of seventy-
nine were included, among which I will highlight the most
important ones: offering personal data over the internet, use
of the mobile phone with which they connect, hours per week
spent chatting, hours spent on social networks, several social
network profiles created using real personal data, use given to
social networks, people they add to social networks, making
video calls, chatting through online video games, sexting,
deviant behaviour.
With regard to the results, the descriptive analysis
shows that 23% had experienced a form of harassment in
their lifetime; within the analysis of activities, we found that
personal data was offered over the internet; the following data
was provided over the internet: name, surname, age, telephone,
email, school, marital status and location; within the medium
used we found instant messaging such as WhatsApp and Line,
as well as social networks (Facebook, Instagram, Tuenti, among
others) and to a lesser extent online video games, chat rooms
and forums; users save information on computers connected
to the internet such as personal photos, videos, intimate
information; information saved on smartphones with the same
characteristics; use of mobile phones is focused on keeping in
touch with people they know, gossiping, flirting and meeting
new people; there are many hours spent on the internet; use of
social networks focused on communicating and meeting new
friends; video calls; sexting and deviant behaviour.
The fifth and last chapter brings us the results reflecting
that continued cyberbullying is a phenomenon present among
minors and that a significant percentage of them have been
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victims. In the same way, it is worth mentioning that the
modifications derived from social changes could explain the
increase in crime rates, especially among minors on the Internet,
which could reflect victimisation; understanding the various
factors explained in the previous paragraph when analysing the
independent variables. The risk does not come from using ICTs,
but from how they are used, and more specifically, that the
subject becomes visible by the fact of using them. The change
in the daily activities of minors on the Internet could explain
the increase in victimisation; understanding the popularisation
of smartphones, the increase in the number of hours spent by
minors interacting in cyberspace, and the normalisation of
social networks and messaging systems as a means of social
interaction. Now it can happen at any time, without having to
wait for certain times of the day, cyberspace 2.0 took a turn
through the development of communication tools that are
within people’s reach.
It should be stressed that technology should not be
demonised, but that children should be helped to understand
the risks associated with it and, in particular, the risks associated
with certain behaviours already discussed in particular.
It should also be noted that the use of technology to
maintain romantic relationships is shown to be a risk factor
for continued cyberbullying victimisation. Technology should
not be demonised, but rather children should be helped to
understand the risk and the behaviours that come with it, and
the author asserts that preventive strategies are essential.
Prevention should focus on education and above all on
helping everyone to be safer in cyberspace, it should be stressed
that education comes from the home and above all parents
should communicate openly with their children who are going
through various stages, many of whom have to identify what is
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good to share and what should be avoided concerning personal
information.
Security in cyberspace can no longer be conceived
exclusively in terms of the integrity of systems and networks
but goes beyond that. Users must commit themselves to shape
better cyberspace that enables the prevention of such behaviour
that seriously threatens individuals.
The author specifies that this research has allowed for
an approximation of the harassment of minors through ICTs.
She points out that the study could be extended to other regions;
there is a need to create a common research methodology
on cyber-victimisation that allows for obtaining results with
greater precision and, in turn, comparing them at a national
and international level; and finally, given the need for better
information on these two elements (potential offender and
capable guardian), it is proposed that other methods of analysis
be used or developed to overcome this drawback.
CONCLUSIONS
This work is interesting in the sense that it is possible
to replicate the study at a global level and see the prevalence
of cybercrime victimisation in the daily activities of minors.
There may be no initiative in the application of criminal policies
and legislative development may be a little delayed in different
countries, but these studies are necessary as they are the result
of academia and contribute to the prevention of cybercrime.
Society must take all precautions when using electronic
devices that allow remote connection, it is necessary to take
due precautions in the security of cyberspace, using updated
tools that protect and prevent any intrusion by outsiders and
above all that have the purpose of causing harm to society.
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It is important to have a culture of self-education
within families concerning the internet, to prevent them from
being caught when they have a case of victimisation of one of
their children, allowing them to control the situation and avoid
falling into despair, they should not be afraid to report it to the
competent authorities.
Beyond having a traditional approach to the care of
children and adolescents, parental control should be encouraged
to prevent minors from finding themselves in uncomfortable
moments or to avoid their absence so that they can resort in case
they have a personal problem or deal with an online harasser, it
is necessary to build family trust and break the silence.
The author is clear in concluding that digital technology
has transformed the way we relate to each other, cybercrime
has evolved in parallel to ICTs. For this reason, it is important
to keep in mind the concepts of visibility, introduction,
and interaction to educate society on the responsible use of
technology. There can be no impunity for these crimes, but it is
preferable to work to prevent rather than mourn.
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Received:
01/06/2021
Accepted:
26/05/2022
Luis Alejandro Vásquez Reina:
Independent Legal Researcher
Email:
ab.luisvasquez@gmail.com
City:
Ibarra
Country:
Ecuador
ORCID ID:
https://orcid.org/0000-0003-0974-9256