The Relevance of Article 1367 of the Civil Code to the Civil Liability of Parents for Cyberbullying by Children in the Digital Age

Abstract: The development of information technology has given rise to new forms of unlawful acts, one of which is cyberbullying, which is often committed by children through digital media. This phenomenon raises complex civil law issues, particularly regarding who should be held liable for the losses suffered by the victim, given that the child as the perpetrator does not yet have full legal capacity. This study aims to analyze the relevance of Article 1367 of the Civil Code in imposing civil liability on parents for acts of cyberbullying committed by children in the digital age. The research method used is normative juridical with a legislative and conceptual approach, through analysis of primary and secondary legal materials. The results of the study show that cyberbullying can be classified as an unlawful act in the broad sense as defined in Article 1365 of the Civil Code, thus opening up the possibility of applying Article 1367 of the Civil Code to parents based on the relationship of parental supervision and authority over children. However, this study emphasizes that the civil liability of parents cannot be understood as absolute liability. In the context of the digital space, which is anonymous, unlimited, and difficult to monitor directly, Article 1367 of the Civil Code needs to be interpreted contextually as a responsibility based on reasonable digital supervision, not merely a conventional supervisory responsibility. This interpretation requires a concrete assessment of the guidance and supervision efforts that can reasonably be carried out by parents in accordance with the child's age, level of maturity, and pattern of technology use. Thus, this study contributes to the development of civil law doctrine by offering a more adaptive and proportional approach to interpreting Article 1367 of the Civil Code, in order to achieve substantive justice for victims, parents, and children in the digital age.