the National Assembly votes a new offense to create a “shock”

“Define a clear prohibition” and provoke “a shock in society”. The unanimous National Assembly voted on Wednesday, December 1 to create a new offense of school bullying. A little more than three weeks after the measures announced by Emmanuel Macron, the deputies validated at first reading by 69 votes, a bill of the majority (LREM, MoDem and Agir). Five left-wing deputies, skeptical of the need for a specific offense of bullying at school, however abstained. The text must now be examined in the Senate, with a view to final adoption by the end of parliamentary work next February.

Jean-Michel Blanquer welcomed the “signal” sent. “We will never get used to children’s lives being shattered”, said the Minister of National Education. Almost one in ten students would be affected each year by school bullying which can push the victim to end his life, as evidenced by several recent tragedies such as the suicide of young Dinah in Haut-Rhin in October. This phenomenon is old but has been clearly aggravated by the development of new technologies, often passing under the radar of parents and adults. “The group effects are amplified” and “there is no more limit, neither time nor space”, underlines the author of the bill Erwan Balanant (MoDem).

The bill addresses issues of initial or continuing education for adults, as well as prevention. Digital platforms will have an obligation to moderate content. The flagship measure consists of the creation of a specific offense of school harassment, which was until then punishable under other counts including moral harassment. Bullying will be punishable by three years’ imprisonment and a fine of 45,000 euros when it causes total incapacity for work (ITT) less than or equal to eight days, or even if it has not resulted in ITT. The author’s age will be taken into account.

The measure will be toughened if the ITT exceeds 8 days, and may even reach ten years’ imprisonment and a fine of 150,000 euros when the facts have led the victim to commit suicide or to attempt to do so. The author can be a student or an adult practicing in the establishment. “It is not a law of emotion”, defended Erwan Balanant, who wants “engage the whole society”. The new offense is “made to dissuade upstream”, supported Jean-Michel Blanquer.