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By Cutter Law
Individuals engaging in cyberbullying may also face additional charges,
including harassment, stalking, and even making terroristic threats.
In years past, school bullies carried out their hazing on the playground. As many other activities have modernized and made their way online, bullies have increasingly begun utilizing the Internet to torment their victims. Social media and cyberbullying are now taking their toll on tweens and teens nationwide. Cutter Law can help parents, educators, and social media users understand the impact of cyberbullying and the legal recourse available to victims.
The term bullying may refer to any type of unwanted, aggressive behavior enacted for the specific purpose of harming, humiliating, or intimidating another person. This behavior is frequently persistent and relentless resulting in severe emotional harm.
Although bullying in the traditional form has existed for quite some time, cyberbullying entered the national scene a few years ago, arising from the introduction of smartphones, email, text messaging, and social media. Cyberbullying and social media provide the perfect storm for online intimidation. While cyberbullying often gains attention as a school-age issue, this problem is certainly not limited to children and teens. Cyberbullying and social media intimidation also occur in the workplace.
Cyberbullies often feel emboldened to attack their victims online anonymously, knowing they are unlikely to feel the threat of retaliation or punishment. Internet anonymity makes bullies feel invincible because they believe they cannot be identified.
In response to cyberbullying, many states enacted severe criminal penalties for online intimidation and harassment. Schools also enacted strict rules to combat cyberbullying. At Cutter Law P.C., our experienced social media harm attorneys are working to assist victims of cyberbullying and hold cyberbullies accountable for their actions.
What Is Cyberbullying?
According to the Attorney General of California and the State of California Department of Justice, a cyberbully is anyone who transmits any form of online communication for the purpose of deliberately embarrassing, frightening, harassing, or targeting another individual. In addition to harassing another individual, cyberbullying may also be used to inflict hate speech or cyberstalk someone. A cyberbully may utilize numerous forms of online communication to threaten, embarrass, or target another person.
This could include:
- Instant messaging
- Interactive games
- Online profiles
- Websites
Tablets, cell phones, and computers may be used to conduct cyberbullying in different forms. Anti-bullying laws and regulations in California also define bullying and cyberbullying. Under these laws, bullying behavior may have one of the following effects:
Anti-bullying laws and regulations in California also define bullying and cyberbullying as behavior that has one of the following effects:
- Placing a student in fear of harm to the student’s person or property
- Causing a student to experience a substantial and detrimental effect on the student’s mental or physical health
- Causing a student to experience substantial interference with the student’s academic performance
- Causing a student to experience substantial interference with the student’s ability to benefit from or participate in activities, privileges, or activities offered by the school
Tablets, cell phones, and computers may be used to conduct cyberbullying in different forms. In the last few years, instances of cyberbullying have significantly increased. As new social media platforms and networks and other online services are introduced to the public, the ways in which individuals may engage in cyberbullying have expanded. Cyberbullying may take the form of direct attacks, indirect campaigns and attacks, and invasions of privacy.
Direct Attacks
A direct attack often takes the form of a harmful message transmitted directly from the cyberbully to the victim via a message on social networking sites, e-mail, instant messaging, or some other forum. Such messages may be sent through fictitious accounts or anonymously.
Direct attack messages are often relentless in nature. The act of sending offensive, malicious messages repetitively is known as harassment. Direct attacks may also involve trolling to put down victims on online forums or social media sites to elicit a response. In some cases, the cyberbully may engage in masquerading. This type of behavior involves the creation of a false identity for the specific purpose of sending demeaning messages to the victim.
Indirect Campaigns and Attacks
Indirect campaigns and attacks are transmitted more widely than direct attacks. They are designed to harm the victim’s reputation. The cyberbully may start a new page on a social networking site or even create a new website to spread harmful or damaging information about the victim.
Invasions of Privacy
In this form of cyberbullying, the cyberbully may go through the victim’s private phone or computer accounts to locate information to share online with others. Information obtained may be private text messages, e-mails, or photos. Some cyberbullies may secretly record the victim through spyware or a webcam and then use the information to torment the victim.
Invasions of privacy may also take the form of fraping which involves logging into another’s social media account and pretending to be that person. Cyberbullies may also engage in a behavior referred to as outing which involves sharing an individual’s personal information, including images and videos, online without the owner’s permission.
Social Media and Cyberbullying Statistics
In the last decade, the use of social media sites has increased exponentially. Estimates indicate that 80 percent of teenagers in the United States now use some type of social media. Users can share information and content selectively through social media based on their own settings. Social media users now have unprecedented access to readily available information, much of which is private. Alarmingly, this turns social media sites into ready-to-use platforms to leverage private information against anyone they desire.
According to the Pew Research Center, 59 percent of teens in the United States have experienced one of the following types of abusive online behavior:
42% have experienced online name-calling. 32% have experienced the spreading of false rumors. 16% have experienced physical threats.
Impact of Social Media and Cyberbullying on Mental and Physical Health
In recent years, cyberbullying and social media have become intimately intertwined, highlighting the increasing negative impacts of social media. Cyberbullying through social media platforms has erupted into a serious public health concern. Health experts fear that cyberbullying may result in not only behavioral and mental health issues but could also lead to an increased risk of suicide.
Cases involving cyberbullying have been linked to personal confrontations and even physical altercations. A majority of students in the United States between the ages of 12 and 18 have reported that they experienced cyberbullying a minimum of twice during the previous year.
Youth who are bullied may be at an increased risk of experiencing mental health disorders, including:
- Loss of interest in activities
- Feelings of loneliness
- Difficulty sleeping
Even more concerning, victims of bullying may be at an increased risk of engaging in self-harm behavior, thoughts of suicide, and even suicidal behaviors.
Scientists report that adolescents who are the victims of cyberbullying are at an increased risk of thinking about suicide. More than eight percent of adolescents responding to a survey admitted they had experienced suicidal thoughts, while nearly nine percent reported they had been targets of cyberbullying. In 2018, suicide ranked as the second leading cause of death in the United States among people between the ages of 10 and 24. Suicide rates have continued to rise at an alarming rate.
Prevention and Legal Response to Cyberbullying
When it comes to preventing cyberbullying and exploring legal responses to such behavior, it is essential to understand that cyberbullying can take a variety of forms. Cyberbullying can be perpetrated using any type of Internet platform or electronic device. This includes social networking platforms as well as photo-sharing sites.
Intent is important. Under the law, cyber harassment can only occur when the perpetrator intends to harass another individual.
Freedom of speech is not comprehensive in terms of cyberbullying. The First Amendment does not protect hate speech, language designed to incite violence or language that includes any credible threat of bodily harm to another.
Individuals engaging in cyberbullying may also face additional charges, including harassment, stalking, and even making terroristic threats. For instance, depending on the nature of the conduct, cyberbullying could potentially violate the Education Amendments of 1972, the Civil Rights Act of 1964, the Americans with Disabilities ACT, the Rehabilitation Act of 1973, or the Individuals with Disabilities Education Act.
Cyberbullying can take many forms, and not all of them may be considered crimes under the law. When you or your child is the victim of cyberbullying, you may wish to consider bringing a civil case against the perpetrator. Although it can be difficult to quantify the harm caused by cyberbullying, victims can sue for emotional distress and even defamation.
There is no need to attempt to handle social media bullying and cyberbullying alone. When another individual is continually stalking or harassing you or your child, you may naturally experience fear and discomfort. Rather than try to ignore the problem or retaliate, the best solution is to contact an attorney with experience combatting cyberbullying. An attorney with expertise in social media cyberbullying can advise the best way to proceed while also assisting you in collecting relevant evidence.
Our firm has the knowledge and experience to fight for you so you no longer need to live in fear. We can assist you in determining whether the behavior qualifies as a crime and whether a civil action is the best recourse.
Current and Future Solutions
While cyberbullying and social media are based on technology, it is possible to harness technological solutions to combat cyberbullying. Across the country, states have enacted laws and policies to combat bullying and cyberbullying in schools. In response, many edtech companies have worked diligently on the creation of products to assist educators and schools in both responding to and preventing cyberbullying.
NetSupport DNA assists in tracking, monitoring, and managing information technology assets in school districts.
The “Report a Concern” feature allows students to quickly and anonymously report any issue, including cyberbullying. Reports are transmitted to trusted staff members who can investigate and respond in kind. Contact information is also provided for national support resources, empowering students to contact support organizations and confront bullying without fear of retaliation.
Policy changes continue evolving in an effort to combat cyberbullying. The California Safe Place to Learn Act gives schools the authority to suspend or even expel any student who engages in cyberbullying. Under this act, districts must develop policies and procedures to detect cyberbullying and punish such incidents.
Penal Code 528.5, made effective in 2011, made creating a fake Facebook or e-mail account for the specific purpose of bullying another individual a crime.
Across the nation, numerous organizations are working diligently to address and prevent cyberbullying. As cyberbullying and social media itself remain relatively new phenomena in terms of the scope of the law, it is essential to note that current policies and laws may not necessarily address the many and varied forms that cyberbullying can take.
If you believe you or your child have been the victim of cyberbullying, there is no reason to continue living in fear.
- Contact our experienced social media and cyberbullying legal team at Cutter Law P.C. to learn more about the legal definitions of cyberbullying and possible legal responses. We would be happy to evaluate the specifics of your individual situation and explore options for criminal and civil recourse.
