Applicability of Civil Remedies in Redressing the Victims of Online Harassment

Abstract

Online harassment has undoubtedly become a menace that has severe negative impacts on victims and society at large. Owing to its critical nature, jurisdictions around the world have utilized different branches of law such as criminal law, tort law and intellectual property law to redress the victims of online harassment, as well as to penalize its perpetrators. This paper attempts to analyse whether actio inuriarum under the law of delict could be employed as a corrective justice mechanism to provide redress to victims of online harassment, considering the severe emotional distress they undergo due to harm caused to their dignity, reputation and privacy. The paper adopts the view that actio injuriarum provides an effective remedy to plaintiffs for impairment of dignity, person and reputation, caused by insult. Thereby, it analyses how actio injuriarum could be utilized as a general remedy for sentimental damages suffered by the victims of online harassment. It concludes with the finding that the principles and elements of actio injuriarum are broad enough to redress the victims of online harassment.