THE STRUCTURE AND IMPLEMENTATION MECHANISM OF THE STATE’S POSITIVE PROTECTIVE OBLIGATIONS IN THE DIGITAL ENVIRONMENT: ADDRESSING CYBERBULLYING AGAINST MINORS IN CHINA AND UZBEKISTAN

Abstract

This article examines the implementation of the state’s positive protective obligations through the example of cyberbullying against minors in China and Uzbekistan. Conceptual analysis, legal interpretation and functional comparison distinguish state obligations, platforms’ direct duties and the competence of public authorities. Assigning protective tasks to platforms does not remove the state’s independent obligations to supervise compliance and ensure access to remedies. The digital environment gives specific content to requirements concerning protective service features, responses to repeated dissemination, and coordination between content measures, evidence preservation and assistance to children. “Continuity of protection” is proposed as a task-based analytical tool for identifying failures of performance and coordination. Selected legal rules and published practice materials support a distinction between inadequate allocation of tasks, unclear connections between them and failures to perform established duties. Recommendations concern lawful task referral, verification of performance and respect for children’s other rights. The findings are limited to normative relationships and actions supported by the selected materials and do not establish the comparative effectiveness of protection in the two countries.