MARCO JURÍDICO ECUATORIANO PARA LA PROTECCIÓN DE MENORES ANTE EL CIBERACOSO

Abstract

This article analyzes the Ecuadorian legal framework regarding the protection of children and adolescents from cyberbullying, understood as a form of violence perpetrated through digital media. The central legal problem is the lack of an autonomous criminal law that expressly defines cyberbullying, which creates difficulties in its identification, punishment, and effective prevention. Although the Comprehensive Organic Criminal Code (COIP) includes provisions related to privacy, sexual harassment, and the nonconsensual disclosure of information, these are fragmented and poorly adapted to the dynamics of the digital environment. Furthermore, technical and institutional limitations are evident that affect the criminal justice system's capacity to investigate and prosecute these crimes. It concludes that legal reform is necessary to clearly regulate cyberbullying, along with strengthening reporting and comprehensive protection mechanisms to guarantee the rights of children and adolescents in virtual spaces.