CRIMINAL LAW PROTECTION OF THE CHILD AGAINST PARENTAL TROLLING Cover Image

PRAWNOKARNA OCHRONA DZIECKA PRZED ZJAWISKIEM PARENTAL TROLLINGU
CRIMINAL LAW PROTECTION OF THE CHILD AGAINST PARENTAL TROLLING

Author(s): Aneta Kamińska-Nawrot
Subject(s): Criminal Law, Family and social welfare
Published by: Wydawnictwo Wyższej Szkoły Gospodarki Euroregionalnej im. Alcide De Gasperi w Józefowie
Keywords: parental trolling; criminal liability of parents; child image; insulting; bullying;

Summary/Abstract: The rapid growth of social media does not only present obvious benefits, but also risks. One of these is parental trolling, which is a type of cyberbullying where the abuser-troller is the parent. It involves parents posting pictures online that ridicule, humiliate their children or insult their dignity. This is done at the expense of the subjectivity of the minor, who is most often unaware of the significance and consequences of such publication and acts in trust of the parent, whose statutory task is to protect the child from violence and not to expose him or her to such an experience (Pajak, Sztandera, 2019). Despite the fact that these behaviours contradict the principle of the child’s well-being and are characterised by high social harmfulness of the act, the criminal law does not explicitly regulate these phenomena. The aim of this article is to analyse selected legal instruments aimed at protecting the child from parental trolling and also combating this phenomenon through its criminalisation. This publication analyses legal acts, literature and jurisprudence in order to develop conclusions on the directions of changes in the protection of children against this phenomenon.

  • Issue Year: 52/2023
  • Issue No: 3
  • Page Range: 563-578
  • Page Count: 16
  • Language: Polish