In addition, cyberbullying has natural consequences. For example, cyberbullies can go to trial, lose their jobs, or even be arrested. In addition, children and adults should realize that what is posted online remains online. Even if something is deleted, people may have taken a screenshot of it. Just because children delete something doesn`t mean it will disappear. Until the mid-2000s, there were no specific laws on cyberbullying. But lawmakers have not been blind to the growing number of suicides and violence in schools. Some states leave enforcement to school officials. In such cases, cyberbullying is often treated as a civil rather than a criminal matter. Like any other form of bullying, cyberbullying causes psychological, emotional and physical stress. Employees who are victims of cyberbullying often experience the following negative effects: To facilitate comparisons between these state laws, the U.S. Department of Education has developed a framework of common components found in state laws, policies, and regulations. They used this framework to understand how schools are taking steps to prevent and respond to incidents of bullying.
Common elements include policy statements, safeguards, employee training and consequences. In the United States, every state has laws and/or policies that deal with face-to-face bullying. Online bullying, on the other hand, is a more difficult problem. Some states have attempted to pass laws imposing tougher penalties and restrictions on cyberbullying. Opponents, however, argue that such laws are constitutionally unfounded. In his Slate article titled “The Legal Difficult of Fighting Cyberbullying,” Mark Joseph Stern describes a contested law against cyberbullying in Albany County, New York. According to Stern, New York State`s highest court ruled that one of the provisions of the law is “so broad that it could criminalize a wide range of speech outside the popular understanding of cyberbullying,” violating the First Amendment. Yet 14 states have managed to pass laws criminalizing cyberbullying. Depending on NoBullying.com, civil lawsuits or criminal charges can be brought against a bully in many cases, including harassment, intentional infliction of emotional pain, hate crimes, and identity theft. In addition to these charges, defendants can face fines of up to $2,500 and one year in jail.
As a result, cyberbullying laws vary widely, with some states having much stricter requirements than others. For example, New York`s Dignity for All Students Act (DASA) states that school districts must have the following policies and procedures. For example, they must: In Ohio, cyberbullying legislation, called the Jessica Logan Act, is also extensive. The law was introduced after Logan was bullied, harassed and bullied by her peers online when a nude photo of her at her high school was circulated. Logan committed suicide shortly after the photo was distributed to his school. If it turns out that you have been bullied online, the legal consequences are not small. Depending on the different circumstances of your particular case, there can be fines ranging from a few hundred to a few thousand dollars. In addition, the bully can be sentenced to a few months in prison. Because laws vary greatly from state to state, penalties for cyberbullying are also very varied. Depending on the state and its cyberbullying laws, penalties for cyberbullying can range from civil penalties such as suspension or expulsion from school to jail time for certain crimes. While there may be some resistance to introducing laws, most states require their school districts to create policies that penalize cyberbullying — usually with suspension. Passing laws is a long battle, but the war cyberbullying wags against the well-being of its victims is too destructive to ignore.
While proper legal action may not always be taken, there are many ways to protect your child from being bullied and terrorized by a cyberbully. The potential harm caused by cyberbullying may be greater than other forms of bullying. The number of people a cyberbully can reach is so much higher than traditional forms of bullying that can be observed by the victim and few, if any, people. Social media sites make it easy for a cyberbully to anonymously post derogatory information that reaches a wide audience, with little risk of being traced back to its source. For example, some states have established laws, policies and regulations, while others have developed model guidelines for school districts. Meanwhile, few states have established consequences for bullying behaviour and only a few classify bullying as a criminal offence. In addition, some states address bullying, cyberbullying, and harassment in a single law, while others use multiple laws. And in some states, bullying appears in the state penal code and applies to minors. Cyberbullying is a rapidly evolving area of law, and laws vary from state to state.
If you or someone close to you has been accused of cyberbullying, seek advice from an experienced defence lawyer in your area. You can explain the current state of cyberbullying and harassment laws in your state. The author is associated with Riggs Abney, one of Oklahoma`s and Colorado`s largest law firms, providing experienced and diverse legal advice and representation to commercial and private clients in all aspects of law, including areas as diverse as civil litigation, personal injury, product liability, medical malpractice, sports and entertainment, employment and benefits, estate planning, banking and financial services, real estate and family law.