Do We Need Cyberbullying Legislation?

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I had a recent exchange with several colleagues about whether or not we need cyberbullying legislation, and if so, what that legislation should look like.  I thought perhaps others would be interested in my perspective so I am posting my thoughts here.  As always, you are welcome to provide your thoughts…

My experience working with school administrators and others suggests that they are looking for specific guidance.  While I am not sure legislation is necessary for that, it could be a potential vehicle.  While I agree in principle in the value in keeping the legislation very broad so as to allow for individual ‘customization’ for each district, that kind of approach can also leave folks confused about what they really “have to do.”

Many cyberbullying laws, for example, simply direct school districts to deal with cyberbullying by updating their bullying/harassment policies.  But they stop short of specifically guiding them about what elements ought to be included.  Merely appending “and by electronic means” is clearly not enough.  Almost all policies that I have seen in schools that I have worked with have taken this approach.  No mention of off-campus speech or how a school would respond to incidents that are initiated and carried out exclusively away from the classroom.  No mention of ‘substantial disruption.’ No discussion of prevention, investigation, or the roles of particular players in the school.  They may have satisfied the mandate, but will have nothing to stand on should they need to take action.

“Substantial disruption” is important to the extent that it is a standard used to determine whether or not schools have the authority to discipline students for off campus behavior/speech.  As ambiguous as the term is (I would like to see it clarified for folks—perhaps through legislation), it does provide educators with a benchmark.  Just because educators disapprove of the cyberbullying that occurs away from the school doesn’t mean they can formally take action against it (though informally there are many things that can/should be done).  Unless they can demonstrate a clear link to disruption at school, formal discipline may not be allowed.  Similarly, just because the behavior occurs off campus doesn’t mean educators can’t/shouldn’t get involved.  They have a responsibility to ensure that everyone has equal access to a safe and secure learning environment.

As such, I believe the concept should be in school policies.  Or at least some language should be included that clearly states the conditions under which the school will get involved in off campus behavior.  Parents (and some educators) often assume that if it doesn’t occur at school the school doesn’t have the authority to discipline.  That simply isn’t true.  If the policy is clear about these standards, then all should be on the same page if (when?) an issue arises.  In an ideal world parents, teachers, and others would work together to solve these problems without need for a formal law or policy.

I would like to see legislation that informs school districts about what actions they can/must take.  Under what circumstances can/should/must educators formally respond to cyberbullying?  Sameer and I suggest that the vast majority of cyberbullying incidents can be handled informally—by parents, educators, etc.—but they should be handled.  Again, what is needed is clarity about what circumstances would warrant formal response.  Perhaps many of the types of cases that would fall under this category are already legally proscribed—stalking, true treats, criminal harassment, etc.—but to clarify this under one heading for educators would be useful.

11 Comments

  1. I believe we really need a legislation against cyberbullying, there is no gain for the victims being bullied. If we think carefully the cyberbullying is pure ignorance and not a act of free speech. Even old people agree that cyberbullying doesn´t mean we should be mean and insult people who don´t want to be harassed.

  2. I believe we really need a legislation against cyberbullying, there is no gain for the victims being bullied. If we think carefully the cyberbullying is pure ignorance and not a act of free speech. Even old people agree that cyberbullying doesn´t mean we should be mean and insult people who don´t want to be harassed.

  3. absolutely not we don't need anymore people telling us what we can and cannot do this kind of thing can be handled by adults or parents of the kids just fine.Just think of when we were kids and someone got into a fight the parents dealt with the kids then.so why do we need cops and prison and what not to deal with this now…and btw I am one of those strange people who isn't offended by other people opinions of me besides its not like Ive been hurt

  4. absolutely not we don't need anymore people telling us what we can and cannot do this kind of thing can be handled by adults or parents of the kids just fine.Just think of when we were kids and someone got into a fight the parents dealt with the kids then.so why do we need cops and prison and what not to deal with this now…and btw I am one of those strange people who isn't offended by other people opinions of me besides its not like Ive been hurt

  5. We have freedom of speech. I understand that these forms of bullying can be brutal and humiliating but the people who are complaining need to grow a thick skin, grow up, and get over it. Much of this problem could be eliminated if parents were to censor their children and if their children simply didn't post personal information on the internet. Also, suicides (supposedly) caused by cyber-bullying are truly caused by the suiciedee themselves and though nobody should feel driven to such measures it is no ones fault but their own.

  6. We have freedom of speech. I understand that these forms of bullying can be brutal and humiliating but the people who are complaining need to grow a thick skin, grow up, and get over it. Much of this problem could be eliminated if parents were to censor their children and if their children simply didn't post personal information on the internet. Also, suicides (supposedly) caused by cyber-bullying are truly caused by the suiciedee themselves and though nobody should feel driven to such measures it is no ones fault but their own.

  7. I wish it was that simple. I am an adult and being stalked by someone website to website no matter where I go, she's not threatening me, so it's not considered criminal but she harrasses, makes horrible comments about me, has other people from her website harrass me. I mean at what point should I finally say enough is enough. Unfortunately this person has met me, and knows basics about me, but she is defaming me on any website she finds out I am on, she's doing it from work etc. I don't want her fired or anything. I just want her to stop. She has alienated anyone who tries to befriend me and constantly says horrible things about me to others to harrass me as well. So what do I do? Technically they aren't threatening me so there no crime, i have blocked IPs she has a proxy server and is changing her IP So yes I think Cyberbulling should be a crime. The government needs to jump on this before someone else is hurt by these cyberbullies adult and children as well.

  8. I wish it was that simple. I am an adult and being stalked by someone website to website no matter where I go, she's not threatening me, so it's not considered criminal but she harrasses, makes horrible comments about me, has other people from her website harrass me. I mean at what point should I finally say enough is enough. Unfortunately this person has met me, and knows basics about me, but she is defaming me on any website she finds out I am on, she's doing it from work etc. I don't want her fired or anything. I just want her to stop. She has alienated anyone who tries to befriend me and constantly says horrible things about me to others to harrass me as well. So what do I do? Technically they aren't threatening me so there no crime, i have blocked IPs she has a proxy server and is changing her IP So yes I think Cyberbulling should be a crime. The government needs to jump on this before someone else is hurt by these cyberbullies adult and children as well.

  9. @Anne – note that two of the behaviors you described are in fact illegal (harassment and defamation of character) and are subject to civil remedy. So you could sue her to get her to stop. In addition, if your experiences don't rise to the level of a civil offense, there is no way they would satisfy the requirments of criminal action. So your story provides additional evidence that criminalizing cyberbullying just isn't the right approach. Consult with a lawyer who specializes in civil harassment or defamation and he/she would be able to advise you about how to proceed. You may want to have the lawyer send a certified cease and desist letter on the lawfirm letterhead that states the behavior needs to stop or additional action will be taken. Hopefully the lawyer won't charge too much for this. I imagine that would help stop this. It is also important to clearly document specifically how the bullies actions are significantly disrupting your well-being. Good luck.

  10. @Anne – note that two of the behaviors you described are in fact illegal (harassment and defamation of character) and are subject to civil remedy. So you could sue her to get her to stop. In addition, if your experiences don't rise to the level of a civil offense, there is no way they would satisfy the requirments of criminal action. So your story provides additional evidence that criminalizing cyberbullying just isn't the right approach. Consult with a lawyer who specializes in civil harassment or defamation and he/she would be able to advise you about how to proceed. You may want to have the lawyer send a certified cease and desist letter on the lawfirm letterhead that states the behavior needs to stop or additional action will be taken. Hopefully the lawyer won't charge too much for this. I imagine that would help stop this. It is also important to clearly document specifically how the bullies actions are significantly disrupting your well-being. Good luck.

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