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Bullying and Cyberbullying Laws – Clarifications on our Fact Sheet

Article posted by in December 16, 2010 at 10:17 am.
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Our state-by-state bullying and cyberbullying laws fact sheet is one of the top-most documents downloaded from our site; we encourage you to check it out if you haven’t already. That said, it is also a fluid resource that we are constantly updating. Some recent questions have been posed, and so I wanted to take the opportunity to clarify some of its content. If you have further questions, please keep sending them in, as we want this resource to be extremely helpful to those on the front lines of this issue.

 

Question: “A significantly larger number of states passed bullying laws that include electronic harassment but not cyberbullying. Could you clarify why electronic harassment is not included under “cyberbullying”? What are the technical differences between the two?”

 

Answer: There is very little, if any, difference between “electronic harassment” and “cyberbullying.” We can only think of a few exceptions to this (for example one instance of harassment online might not be considered cyberbullying because we usually conceptualize ‘bullying’ as repetitive behavior). All we were trying to capture was whether or not the laws included the word ‘cyberbullying’ in them. As you can see, most did not. Either way, electronic harassment and cyberbullying are essentially synonymous when it comes to the content and intent of these laws.

 

Question: “Do those states that specify criminal sanctions criminalize only face-to-face bullying or cyberbullying as well?”

 

Answer: Under the criminal sanction portion of our chart, we only noted ‘YES’ for those states that have a criminal sanction for certain types of *electronic* harassment (or cyberbullying). We did not include states that just have criminal sanctions for face-to-face bullying or harassment, which most states do have (but are typically classified under “assault” and “stalking” statutes).

 

Question: “In regard to the criminal law system’s authority over the issue of cyberbullying, in your professional opinion, should more laws be passed criminalizing cyberbullying? Beyond the principle of the law, are they effective in practice?”

 

Answer: Please see this recent blog post on cyberbullying laws which summarizes our position on this question. We have also posted other blogs that might be of interest to your work – feel free to search for ‘law’ in the blog search engine, or simply browse some of our recent posts.

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The Great Debate: Should Cyberbullying be a Criminal Offense?

Article posted by in November 30, 2010 at 3:13 pm.
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We have received numerous requests from high school students and teachers over the last several weeks for information about whether or not there should be a criminal law to cover cyberbullying. It seems that this is a national high school debate topic this year. Since we have discussed this issue quite a bit on this blog, I wanted to point interested readers (and debaters) to information that might help them determine for themselves a position on this question. First, I encourage anyone interested in this topic to review the following blogs posted by us over the last couple of years:

 

Most Cyberbullying Cases Aren’t Criminal (10-12-2010)

 

Cyberbullying Laws and School Policy: A Blessing or Curse? (9-28-2010)

 

The Current State of Cyberbullying Laws (8-3-2010)

 

Do We Need Cyberbullying Legislation? (9-6-2009)

 

Cyberbullying Legislation: Clarification of My Position and Invitation to Participate (5-19-2009)

 

Cyberbullying Legislation (5-7-2009)

 

Second, we also have a few fact sheets that could provide valuable information, including the following:

 

Cyberbullying Fact Sheet: Identification, Prevention, and Response (a good primer on the issues)

 

Cyberbullying Fact Sheet: A Brief Review of Relevant Legal and Policy Issues

 

State Cyberbullying Laws: A Brief Review of State Cyberbullying Laws and Policies

 

Take some time to explore the many other resources on our site (and others), to develop an informed perspective about cyberbullying and appropriate responses. Research-based legislation is just one prong of a multi-pronged approach. And in our view a criminal sanction should be reserved for only the most serious of cases.  As we point out in the resources above, many states already have existing statutes on the books that would apply to the most egregious forms of electronic harassment. So do we need a new law?  That is the question.

 

Best of luck with the debate – I am sure a lot of valuable information will come from this important dialog.

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Advice for Adult Victims of Cyberbullying

Article posted by in November 9, 2010 at 4:33 pm.
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We get a lot of emails, phone calls, and comments on this blog from adults who are being bullied though technology.  They stress to us that cyberbullying is not just an adolescent problem.  Believe me, we know.  We receive more inquiries from adults than teens.  We know that cyberbullying negatively affects adults too.  It’s just that we spend the majority of our efforts studying how this problem impacts school-aged youth due to their tenuous developmental stage.  That said, I thought I would take some time here to give the adults who have been victimized out there some general advice.

First, it is important to keep all evidence of the bullying: messages, posts, comments, etc.  If there are ways you can determine who exactly is making the comments, also document that.  Second, contact the service or content provider through which the bullying is occurring.  For example, if you are being cyberbullied on Facebook, contact them.  If you are receiving hurtful or threatening cell phone messages, contact your cell phone company to obtain assistance.  Along those same lines, familiarize yourself with the Terms of Use for the various sites you frequent, and the online accounts you sign up for.  Many web sites expressly prohibit harassment and if you report it through their established mechanisms, the content and/or bully should be removed from the site in a timely manner.  To be sure, some web site administrators are better and quicker at this than others.

Also, please be careful not to retaliate – or do anything that might be perceived by an outsider to have contributed to the problem.  Do not respond to the cyberbully except to calmly tell them to stop.  If they refuse, you may have to take additional actions.  If you are ever afraid for your safety, you need to contact law enforcement to investigate.  They can determine whether any threats made are credible.  If they are, the police will formally look into it.  The evidence that you have collected will help them to evaluate your situation.

You should also take the time to check your state laws.  We have discussed some of these laws on this blog and have a summary of many applicable laws here.  In Wisconsin, for example, it is a misdemeanor if someone uses computerized communication systems to “frighten, intimidate, threaten, abuse, or harass another person.”  It is also against the law to “harass annoy, or offend another person.”  See what the laws in your state are to determine if the police should get involved.

If the threats or comments are detrimental to your health, safety, or occupation, you might want to consult with an attorney who specializes in harassment, defamation of character, false light, intentional infliction of emotional distress, or similar types of civil action.  A letter sent from an attorney (on law firm letterhead) to the bully may be all that is necessary to get the bullying to stop.  The problem with this approach is that it can be costly.  I have spoken to some victims who have consulted with attorneys who want a significant sum of money to get involved, even at a basic level.  I can only imagine how frustrating this is after experiencing emotional and psychological suffering – and then realizing that you can’t afford to get legal help.  Another problem associated with pursuing a bully through civil action is that, even if you are successful and a judge or jury rules in your favor, it can be difficult to determine an appropriate damage amount.  I served as an expert witness in a cyberbullying case in the summer of 2008.  In that case, the adult victims were being bullied in an AOL chat room.  Everyone agreed that what the bully was doing was wrong, but to what were the victims entitled?  They had some modest medical bills and could be reimbursed for costs associated with their AOL account – but these losses added up to less than $1,000.  And while I don’t know the actual amount, I am sure their legal bills were in the tens of thousands of dollars.  They ended up settling for a very small amount – just to make a statement to the bully.  Most of us can’t afford to take those actions on principle alone.

In sum, it can be difficult to hold bullies accountable for their actions (for both adolescents and adults).  In a country such as ours that values free speech so highly, many people genuinely believe they can say whatever they want, to whomever they want.  We know that is not true, but it isn’t clear where exactly the line is.  And just because we *can* say certain things, doesn’t mean we should.  It’s no wonder that many teens are wrestling with this problem—they see the adults in their lives saying mean and nasty things to others on a regular basis.  Do your part to model appropriate behavior and address any hurtful language when it comes up.  The kids (and other adults) in your life will hopefully see it, remember it, and act in the right ways.

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New Hampshire’s Cyberbullying Law, upcoming Cyberbullying Conference

Article posted by in October 22, 2010 at 5:41 am.
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New Hampshire is one of the states whose cyberbullying law (passed earlier this year) we applaud. Specifically, House Bill 1523 asserts the following:

I. Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3:

(a) Occurs on, or is delivered to, school property or a school-sponsored activity or event on or off school property; or

(b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.

 

The language discussing cyberbullying that is initiated offline but still affects the school is extremely important, as educators are demanding clarity as to when they can intervene once a student of theirs is victimized. We particularly like the way this is worded – and every state needs to include language like this in their bullying/cyberbullying statutes.

 

This law and its application will be discussed in detail at an upcoming New Hampshire cyberbullying conference in Meredith on November 1st. I will be presenting, as will colleagues from the Attorney General’s Office and the Internet Crimes Unit, the State Trooper’s office, and the Massachusetts Aggression Reduction Center (MARC). I encourage you to attend if you can!

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Most Cyberbullying Cases Aren’t Criminal

Article posted by in October 12, 2010 at 11:21 am.
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Many of you perhaps already saw the brief comments I wrote for the New York Times Opinion Page in the aftermath of Tyler Clementi’s tragic suicide.  They asked me to comment on the extent to which this incident was typical of many cyberbullying cases that end in suicide and whether or not criminal action against the bullies is an appropriate response.  Below are my comments for those of you who hadn’t already seen them.  I also encourage everyone to explore the other perspectives included on the “Room for Debate” page.

Cyberbullying, while similar to traditional harassment, does have a different quality — namely, humiliating rumors and vicious taunts can be viewed by millions online and they can never be removed from the Internet. Cyberbullying laws are useful to the extent that they draw attention to this problem, but it is important that laws are crafted in a way that is informed by research, not singular high profile incidents.

The vast majority of cyberbullying incidents can and should be handled informally: with parents, schools, and others working together to address the problem before it rises to the level of a violation of criminal law.

Certainly, tragic incidents like suicide, thrust cyberbullying (and traditional bullying) into the public discussion. Prosecutors are forced to shoe-horn these incidents into existing statutes, and in some cases this is not done consistently or even appropriately.

It perhaps is not surprising that those incidents that result in significant harm to the target, such as a suicide, are handled more seriously by the criminal justice system. But to some extent this is true in other areas of criminal law. If I drive home from a party after having a few too many drinks, maybe I make it home without being caught. Or maybe I get pulled over and arrested for drunk driving. Or, maybe I swerve onto the shoulder and hit a pedestrian. In all cases I was engaged in the same illegal behavior. But the harm that results will, in some cases, become an important determinant of the appropriate punishment.

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