Chile has introduced a new regulatory framework to tackle digital violence against minors, enacting laws that regulate technology use in schools and expand the scope of responsibility regarding school climate.
Law No. 21.801 restricts the use of electronic devices in educational institutions to protect the school environment. This regulation recognizes that devices significantly impact students' social interactions and learning.
Meanwhile, Law No. 21.809, published on April 1, expands the reach of school coexistence policies. This law establishes that digital violence occurring outside of school grounds is also the responsibility of educational institutions.
Civil and legal liability
Although there is no law that directly holds parents liable for bullying acts, Chilean case law already includes rulings that impose damages on the parents of aggressors.
Courts are applying damage reparation criteria where liability rests with those responsible for the care of minors. These judicial rulings aim to penalize the harm caused by digital violence, which is often constant and persistent.
Legal experts point out that the issue does not lie with the technology itself, but rather with the dynamics of harassment on social media. Cyberbullying is characterized by being invasive and difficult to stop, as content can spread uncontrollably.
Families can turn to Family Courts to request protection measures in cases of rights violations. There are also legal avenues to report criminal acts or pursue civil lawsuits for damages.
Current regulations require schools to intervene before damage becomes irreversible. However, the primary responsibility for supervision and education remains with the adults responsible for the child's upbringing.