THE ROLE OF THE EDUCATIONAL INSPECTORATE IN ADDRESSING CYBERBULLYING AND DIGITAL RISKS AMONG STUDENTS: LEGAL FRAMEWORK, CASE LAW, AND INSTITUTIONAL RESPONSIBILITY

Abstract

This article analyses the role of the Educational Inspectorate in managing situations of cyberbullying and other digital risks affecting minors within the school context. From a legal-educational perspective, it examines the current regulatory framework in Spain, with particular focus on educational legislation, data protection regulations, and Organic Law 8/2021, of June 4, on the comprehensive protection of children and adolescents against violence (LOPIVI). Furthermore, it reviews the most relevant case law from the Supreme Court, the Constitutional Court, and Provincial Courts regarding the non- consensual dissemination of images, the legal status of cyberbullying, and the administrative liability of educational authorities.

The study highlights the importance of so-called "educational due diligence" as a criterion for evaluating the actions of schools in the face of digital conflicts between peers. In this context, the supervisory, advisory, and mediating functions of the Educational Inspectorate are analysed, highlighting its role in guaranteeing the best interests of the child and the correct application of school coexistence protocols. Finally, technical intervention criteria are proposed, aimed at strengthening the legal certainty of school actions and promoting safe school environments also in the digital sphere.