The Legal Challenges of Cyber Bullying

One of the biggest issues facing teenagers in the 21st century is cyber bullying. Often used by teens against their classmates, cyber bullying is an easy and anonymous way to bring harm to another person. Fortunately, the legal system is adapting to this problem, and various cyber bullying laws have been put into effect across the United States.

Before implementing cyber bullying laws, legislators must first define the term. In general, cyber bullying is a means by which emotional fear or distress is brought to someone via electronic communications. Thus, text messages, e-mails, Facebook, Twitter, and any other methods of electronic communication are all covered. However, there is one additional caveat to that definition: the victim must be under the age of 21.

One of the most outspoken critics of cyber bullying is New York governor Jeffrey Klein.  He has proposed legislation that would classify cyber bullying as a Class A misdemeanor, which places it on a similar level as third-degree stalking. Klein has also proposed legislation against something called ‘bullycide’, which occurs when a victim is cyber bullied to a point where he or she commits suicide. Since this is becoming more and more common in society, New York is proposing to have bullycide classified as second-degree manslaughter, which is a class C felony.

Ohio senator Joe Schiavoni is seeking similar legislation for his state. By classifying cyber bullying as a crime, he argues that schools and police will have an easier time following through with legislation. He also proposes a complete ban of cell phone use in schools. However, even he acknowledges that this will not affect the cyber bullying that goes on away from school property. Schiavoni’s act is named for Jessica Logan, a teenager who committed suicide after a nude photo was distributed around the school and the internet.

No matter how effective these laws may be, it may be difficult to actually charge anybody with them. Establishing guilt and identity is complicated, and bullies often take refuge in the anonymity of the internet. For this reason, many schools end up feeling handcuffed by cyber bullying: while they know it’s bad, and that it needs to be stopped, they simply cannot control what takes place over the internet. Legal officials are further frustrated by the belief that cyber bullies will always be able to find ways around these laws, and many feel that any legislation that is created would be far too slow to provide real value.

While cyber bullying is a problem in every part of the United States, it is not yet recognized as such. As of yet, only about 30 states have altered their harassment laws to include a clause for cyber bullying. America’s legal system still has a lot of catching up to do, and internet thugs won’t be stopping any time soon. Until there are firm laws against cyber bullying in every state, the door will be open for bullies, and victims will still be left searching for answers.

The Kelly Law Firm handles all manners of cyber bullying lawsuits. Contact us today to begin the conversation.