Bullying and cyberbullying are today among the most pressing issues in school and digital settings, with increasingly significant legal implications both for the minors involved and for their families. When such episodes occur, what should be done?
The role of the school head and prevention
The legislature has adopted an approach geared primarily towards prevention, providing for educational tools and graduated interventions. In this framework, a central role is played by the school head (dirigente scolastico), who, once made aware of incidents of bullying or cyberbullying, is required to activate the procedures set out in the ministerial guidelines. This means incorporating specific measures into the school's Three-Year Educational Plan (PTOF) and into the school regulations, with an approach also inspired by restorative justice. When educational interventions prove insufficient, however, the school head may report the situation to the competent authorities, triggering a more structured process.
Proceedings before the Juvenile Court
Following such a report, the proceedings may involve the Public Prosecutor at the Juvenile Court (Tribunale per i Minorenni), who may ask the judge to order rehabilitative measures with respect to the minor. These are interventions that may include tailored educational programmes under the supervision of social services and, in more complex cases, temporary placement or admission to a residential community. The aim is not punitive but corrective, with a clear focus on the minor's rehabilitation.
The Police Chief's caution (ammonimento)
Alongside this, there is a particularly powerful preventive tool: the Police Chief's caution (ammonimento del Questore). Even in the absence of a formal complaint or criminal report, this procedure can be activated against minors over the age of fourteen who are responsible for conduct that may amount to offences such as threats, defamation or the unlawful dissemination of content. The measure, issued by the Police Chief (Questore), takes the form of a formal warning to maintain conduct in compliance with the law and represents a strong warning signal.
Although it is not a criminal sanction, the caution has concrete effects and can significantly affect the minor's position. Indeed, if at a later stage offences such as stalking or the unlawful dissemination of intimate images are established, these may become prosecutable ex officio, with a corresponding aggravation of the sanctioning regime. Administrative case law has made it clear that this is a preventive measure aimed at nipping potentially harmful conduct in the bud, even without a full finding of liability.
Safeguards: the Council of State on "mere suspicion"
That said, the adoption of such measures must take place in full respect of fundamental safeguards: recent rulings of the Council of State have stressed that mere suspicion is not enough to justify a caution, especially given the impact such a measure can have on the recipient's reputation and personal sphere.
Conclusions
In an increasingly digitalised environment, it is essential to understand that bullying and cyberbullying are not mere "youthful pranks" but conduct that can carry significant legal consequences. Intervening promptly — both preventively and from a defensive standpoint — is essential to protect the minors involved and to prevent situations that are initially manageable from escalating into more complex proceedings, with repercussions on both the civil and the criminal level.