On the need for targeted criminal provisions and platforms’ responsibility to effectively address cyberbullying and online harassment

B100213/2026

European Parliament resolution on the need for targeted criminal provisions and platforms’ responsibility to effectively address cyberbullying and online harassment

(2026/2693(RSP))

The European Parliament,

– having regard to Oral Question O-000018/2026 on the need for targeted criminal provisions on cyberbullying and online harassment and platforms’ responsibility to effectively address these issues, which is addressed to the Commission,

– having regard to the Charter of Fundamental Rights of the European Union, in particular its articles on human dignity, the right to life, freedom of expression, the rights of the child, victims’ rights, privacy of communications, and the protection of personal data,

– having regard to the European Convention on Human Rights and the case-law of the European Court of Human Rights,

– having regard to Article 83(1) of the Treaty on the Functioning of the European Union (TFEU),

– having regard to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA,

– having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (Victims’ Rights Directive),

– having regard to Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities,

– having regard to Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence,

– having regard to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act (DSA)),

– having regard to Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act),

– having regard to the Commission communication of 10 October 2025 entitled ‘Guidelines on measures to ensure a high level of privacy, safety and security for minors online, pursuant to Article 28(4) of Regulation (EU) 2022/2065’ (C/2025/5519),

– having regard to the Commission report of 2025 entitled ‘Cyberbullying: Insights from science, policy and legislation’,

– having regard to the Commission communication of 10 February 2026 entitled ‘Action Plan against cyberbullying ‘Safer online, stronger together’ (COM(2026)0071),

– having regard to the Commission’s LGBTIQ+ equality strategy 2026-2030 of 20 October 2025,

– having regard to the Commission’s EU anti-racism strategy 2026-2030 of 20 January 2026,

– having regard to the Commission communication of 11 May 2022 entitled ‘A Digital Decade for children and youth: the new European strategy for a better internet for kids (BIK+)’ (COM(2022)0212),

– having regard to the Commission communication of 9 December 2021 entitled ‘A more inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime’ (COM(2021)0777), and the proposal for a Council decision annexed thereto,

– having regard to its resolution of 5 October 2023 on the new European strategy for a better internet for kids (BIK+),

– having regard to its resolution of 18 January 2024 on extending the list of EU crimes to hate speech and hate crime,

– having regard to national legislation against cyberbullying, including Ireland’s Harassment, Harmful Communications and Related Offences Act 2020, known as ‘Coco’s Law’,

– having regard to the speech delivered by Coco’s mother, Jackie Fox, in Parliament on 10 March 2026 on the occasion of International Women’s Day,

– having regard to Rule 136(2) of its Rules of Procedure,

A. whereas cyberbullying is a growing problem, as recognised in the Commission’s action plan; whereas 18.3 % of children worldwide have experienced cyberbullying through electronic messages or social media posts; whereas cyberbullying also occurs through audiovisual content such as pictures or videos shared online; whereas in Europe, around one in six children aged 11 to 15 report that they have been victims of cyberbullying; whereas about one in eight children admit to cyberbullying others; whereas between 2018 and 2022, the number of adolescents experiencing cyberbullying rose by a quarter for boys and almost a quarter for girls; whereas over the past five years, cyberbullying has consistently been the main reason for contacting Safer Internet Centres helplines; whereas cyberbullying disproportionately affects those at the intersection of multiple vulnerabilities (e.g. girls, LGBTIQ+ youth, children with disabilities, or those from minority backgrounds), and these overlapping identities compound the harm experienced;

B. whereas, in its resolution of 29 April 2021 on the European Child Guarantee, Parliament called on the Member States to develop strategies to protect children from online bullying and child sexual abuse;

C. whereas the Commission President announced in her 2025 State of the Union speech that she would commission a panel of specialists to advise on the best approach for the EU with regard to child safety online and potential age restrictions for social media use; whereas this special panel is tasked with exploring key issues relating to the safety of children online, such as a harmonised EU age limit for social media, tailored protections based on age and risk, and educational measures to promote responsible social media use; whereas the panel has met twice; whereas by the summer of 2026, the co-Chairs are supposed to report to the Commission President on the panel’s findings and recommendations;

D. whereas cyberbullying often has a cross-border dimension;

E. whereas several Member States have introduced targeted criminal provisions to address cyberbullying;

F. whereas on 9 December 2021, the Commission proposed adding ‘hate crime’ to the list of ‘EU crimes’ under Article 83 TFEU; whereas this proposal did not receive the required unanimous support among the Member States;

G. whereas the Commission has announced the adoption of the next EU strategy on victims’ rights in 2026 to complement EU rules with non-legislative measures aimed at promoting structures for targeted psychological support and protection services for child victims, including those of online crime;

H. whereas the Commission has initiated a number of investigations under the DSA against very large online platforms in relation to cyberbullying or harassment, including investigations into compliance with the ‘notice and action’ mechanism and possible shortcomings in risk assessment and mitigation measures;

The cyberbullying action plan

1. Welcomes the Commission’s action plan against cyberbullying; calls on the Commission and the Member States to ensure that platforms are held accountable to prevent and counter cyberbullying;

2. Welcomes the Commission’s focus on prevention and digital literacy as effective long-term tools for combating cyberbullying; calls on the Commission and the Member States to substantially invest in age-appropriate digital education, media literacy programmes and teacher training, ensuring that these resources reach children in all socio-economic contexts;

3. Highlights, in this regard, the recently published Commission guidelines under the DSA on the protection of minors online, which specify how platforms can ensure that minors are safe when using their services;

4. Calls, furthermore, on the Commission to follow up on its announcement to issue guidelines for trusted flaggers on cyberbullying, which will help clarify their role in tackling content, including cyberbullying;

5. Welcomes the stricter implementation and enforcement of existing legislation, as announced in the cyberbullying action plan;

6. Welcomes the proposed definition of cyberbullying in the Commission’s action plan, as this would enable its coherent statistical assessment and the exchange of best practices across Member States;

7. Reiterates its call, as reflected in the cyberbullying action plan, on Member States to establish comprehensive national anti-bullying plans, including those that address cyberbullying;

8. Welcomes the preventive measures announced in the cyberbullying action plan, in particular the Commission’s commitment to expand cyberbullying resources and training for both schools and non-formal and informal education;

9. Believes that victims should be able to report cyberbullying easily; welcomes the online safety app for the easy reporting of cyberbullying, as set out in the cyberbullying action plan; welcomes the approach of promoting coherent reporting, coordinated multidisciplinary online and offline support services and the secure collection of evidence in preparation for criminal proceedings;

Criminal law

10. Notes that the cyberbullying action plan does not set out measures in the field of criminal law at EU level;

11. Takes note of the various laws in Member States that address cyberbullying, even though the term ‘cyberbullying’ often does not appear in those laws;

12. Takes note of the measures in several Member States to address cyberbullying in their criminal codes, such as:

a. Ireland’s Harassment, Harmful Communications and Related Offences Act 2020 (‘Coco’s Law’); notes that the Act provides for two offences, namely the non-consensual recording, distribution or publication of intimate images (so-called revenge porn), and the distribution, publication or sending of threatening or grossly offensive communications or messages with the intent to cause harm;

b. France’s legislation dealing with cases of ‘revenge porn’, as provided for in Articles 226-1 and 226-2 of the Penal Code;

c. Austria’s amendment of its Criminal Code of January 2016, which under Article 107c entitled ‘Continuous harassment by means of telecommunications or a computer system’, introduced cyberbullying as a punishable offence;

d. Romania’s Law no 106/2020, amending and supplementing Law no 217/2003 on preventing and combating domestic violence, which introduces the concept of ‘cyber violence’ within the sphere of ‘domestic violence’; notes that it covers ‘any (...) form of misuse of information and communication technology (...) in order to shame, humiliate, scare, threaten or silence the victim’;

e. Slovakia’s amendment of 27 May 2021 to the Criminal Code, which defines ‘dangerous online bullying’ as conduct aimed at damaging the identity of the person in question;

13. Takes note of other Member States where there is no special criminal offence of ‘cyberbullying’, but where measures were taken under civil or other laws, including education codes;

14. Takes note of these different approaches in Member States; invites those Member States to share best practices and experience regarding their legal approaches;

15. Highlights that, complementary to appropriate legislation, well-resourced law enforcement authorities, including adequate staffing, technical expertise and IT infrastructure, are an indispensable part of effectively tackling cyberbullying; invites the Commission and Europol to undertake necessary measures to increase the investigative capacities of Member States in this regard, including in combating cross-border cyberbullying;

16. Asks the Commission to follow up on its announcement to consider a legislative initiative for a more harmonised approach; reiterates its support for adding hate crime and hate speech to the list of EU crimes under Article 83(1) TFEU, which could cover the most severe forms of cyberbullying;

Online platforms and the Digital Services Act

17. Points out that the business model of online platforms incentivises the spread of hateful content and therefore contributes to an increasingly unsafe environment online, in particular for minors, women, members of the LGBTIQ+ community and other minorities; highlights the role of hyper-personalised recommender systems that push hate speech and down-rank less divisive content;

18. Underlines that the DSA, specifically the guidelines on Article 28, address many measures to counter harassment and cyberbullying such as the adaptation of recommender systems, effective 24/7 moderation, the prioritisation of content reports concerning minors, and measures that shield users from content, such as the requirement of consent before being added to a group or the option to restrict comments;

19. Welcomes the recommendation in the guidelines for platforms to refer users to national support lines and display warning messages;

20. Calls on the Commission to reinforce platforms obligations, including an obligation for platforms to include educational content on digital empathy and digital literacy at regular intervals;

21. Notes that there is an enforcement deficit of Article 28 of the DSA and the notice-and-takedown obligation of platforms, which impacts the protection of victims of cyberbullying;

22. Calls for the rigorous enforcement of Article 28 of the DSA and the notice-and-takedown obligation of platforms; calls on the Commission to open further investigations into systemic risks posed by recommender systems, particularly in relation to gender-based violence, harm to minors and discrimination;

23. Points out that access for researchers to platform data under the DSA is crucial to ensure evidence-based lawmaking; laments that issues persist and need to be urgently brought into compliance;

24. Is concerned that the recently announced ‘dialogue’ on the enforcement of digital legislation as part of the trade negotiations with the Trump administration may put rigorous and independent enforcement action at risk and lower the protection afforded under the DSA and the Digital Markets Act; highlights that this may also impact the protection of victims of cyberbullying; calls on the Commission to urgently clarify that the enforcement of digital laws is not subject to trade-offs for lower tariffs or other trade benefits;

25. Recalls that, according to case-law of the European Convention on Human Rights, the sanctioning or even prevention of all forms of expression that spread, incite, promote or justify hatred does not constitute a violation of freedom of expression, provided that those measures are proportionate to the legitimate aim pursued;

Other measures

26. Recalls that the revised Audiovisual Media Services Directive contains certain obligations on video-sharing platforms to protect minors from harmful content and all users from content inciting violence or hatred; calls on the Commission to monitor the implementation of the directive by the Member States, especially in this regard;

27. Recalls, in this regard, the need to strengthen the protection of victims and invest in psychological and legal assistance for victims of harassment and cyberbullying; is concerned that victims organisations are increasingly under threat due to a lack of funding or attacks from non-EU countries, as recent cases involving the Trump administration highlight; calls for the swift implementation and transposition of the revised Victims’ Rights Directive;

28. Expresses concern about the growing use of AI for abusive purposes, including the generation of deepfake content, voice cloning, impersonation and non-consensual intimate content in digital environments, which can facilitate coordinated harassment, identity theft, reputational damage and psychological harm;

29. Welcomes the efforts of Parliament and the Council to ban ‘nudifier applications’ under the Artificial Intelligence Act as part of the Digital Omnibus on AI negotiations;

30. Calls for the integration of cyberbullying prevention and response measures into national mental health strategies, including accessible psychological support services for victims, with particular attention to minors and other vulnerable groups;

31. Calls for increased and sustainable EU funding for civil society organisations, including helplines, victim support services and awareness-raising initiatives, which play a key role in addressing cyberbullying and supporting victims across the Member States;

32. Calls on the Commission to further develop user-friendly and accessible reporting mechanisms, including a possible EU-wide interface, ensuring that victims of cyberbullying can easily report harmful content and receive timely support;

33. Instructs it President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.