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Cyberbullying and the law
- 1. Cyberbullying and theLawHannah OrrHannah Orr
- 2. What is “Cyberbullying”? “"Cyber bullying" is when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones. It has to have a minor on both sides, or at least have been instigated by a minor against another minor. Once adults become involved, it is plain and simple cyber-harassment or cyberstalking. Adult cyber-harassment or cyberstalking is NEVER called cyber bullying.”From www.stopcyberbullying.org
- 3. Cyberbullying Fact SheetIt has proven to be difficult to create cyberbullying laws because there is not a “clear legal consensus about how to deal with many types of cyberbullying incidents.”Many states do have bullying laws, but not all have added a cyberbullying section.The issue is where do cyberbullying acts cross the line and when should the government get involved.Many think that there should not be any cyberbullying laws because it is considered free speech.
- 4. Cyberbullying Report CardA++- DE, FL, GA, KY, MA, MD, NH, NJ, VA, WYA+ - OR, RI, WA, WVA – AK, IL, OH, OKA- - AR, IA, ID, ME, MO, SC, TN, UT, VTB+ - AL, IN, NC, NM, NV, NY, PA, WIB – CA, CO, KSB- - AZ, CTC+ - NEC – LA, MSC- - MN, TXF – HI, MI, MT, ND, SD
- 5. Years that StatesPassed LawsAnti Bullying Law Passage Calendar
- 6. The LawEach statehas their own laws on cyberbullyingSome states do not have any laws regarding cyberbullying!MichiganHawaiiMontanaNorth DakotaSouth Dakota
- 7. Cyberbullying and theSchoolShould the school districts be responsible for cyberbullying that goes on off of the campus?J.S. v. Bethlehem Area School District (2000)
- 8. North Carolina Lawin the SchoolSenate Bill 526 Article 29 B“School Violence Prevention”115 C -407.5 Bullying and harassing behavior115 C -407.6 Policy against bullying or harassing behavior115 C -407.8 Prevention of school violenceDefines bullying or harassing behavior“Requires all local school administrative units to adopt a policy prohibiting bullying and harassing behavior.”“Each local school administrative unit shall adopt a policy prohibiting bullying or harassing behavior .”
- 9. North Carolina LawHouse Bill 1261“An act protecting children of this state by making cyber-bullying a criminal offense punishable as a misdemeanor.”14 -458.1 Cyber-bullying; penaltyDefines what you can not do while using a computer or computer networkPenalty:If older than 18 when committed: Class 1 misdemeanorIf younger than 18 when committed: Class 2 misdemeanor
- 10. Kentucky LawHB 91– The Golden Rule ActSection 1 – A New Section of KS Chapter 158Section 2 – KRS 158.444 is amendedSection 3 – KRS 158.148 is amendedSection 5 – KRS 525.080 is amendedVery detailed law describing bullying as well as an amendment for cyberbullyingCyberbullying is a Class B misdemeanor
- 11. The Federal LawThereis no Federal Law for Cyberbullying at the moment.But the “Megan Meier Cyberbullying Prevention Act” has been proposed.This law would allow those who are cyberbullies to be fined and/or “imprisoned not more than two years.”
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Editor's Notes
- #4 **(3rd point)**Minor teasing should not require legal action, but when do actions become too much that action should be taken?
- #6 Black = A++
- #8 J.S. v. Bethlehem Area School District (2000)“School districts are well within their legal rights to intervene in cyberbullying incidents – even those initiated off-campus – when it can be demonstrated that the incident resulted in a substantial disruption of the educational environment.”
- #9 North Carolina tried to pass an anti bullying law in 2007 and then finally succeeded in the 2009 session. This law started out as an A++ law, like Delaware, Georgia, Kentucky and Florida, but somehow the law was watered down in the lawmaking process. They are graded a B+.Defines bullying or harassing behavior as used in the act as any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication, that takes place on school property, at any school-sponsored function, or on a school bus, and that places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities, or benefits.Each policy must contain at least:A statement prohibiting bullying or harassing behaviorA definition of bullying or harassing behaviorA description of the type of behavior expected for each student and school employeeConsequences and appropriate remedial actionA procedure for reporting an act of bullying or harassment (act anonymously)A procedure for prompt investigation of reports of serious violations and complaintsA statement that prohibits reprisal or retaliation against any person who reports an act of bullying or harassmentA statement of how the policy is to be publicizedShould appear in any school unit publication (school handbook)Provide training for employees
- #10 With the intent to intimidate or torment a minorBuild a fake profile of Web sitePose as a minor inInternet chat roomElectronic mail messageInstant messageFollow a minor online or into a chat roomPost or encourage others to post on the Internet private, personal, or sexual information about a minorWith the intent to intimidate or torment a minor or the minor’s parents or guardianPost a real or doctored image of a minor in the InternetChange information on the computer (no breaking into password protected areas)No sustained communications with a minorPlant statements with the intent of provoking anyone to stalk or harass a minorSpread copies of things that are not yoursSign a minor up for a pornographic siteSign a minor up for electronic mailing lists
- #11 Section 1 Report events to the school principalThe agency receiving the report should investigate the materIf you report an event upon reasonable cause you have immunity from any liabilityOnly attorney-client and clergy-penitent privilege are reason not to report an incidentSection 2 A report should be made that includes all incidences of violence and assault against school employees and students Section 3 Statewide student discipline guidelines to ensure safe schoolsRecommendations designed to improve the learning environment and school climate Each local board of education shall be responsible for formulating a code of acceptable behavior and discipline to apply to the students in each school operated by the board A strategy or method of protecting from retaliation a complaint of person reporting a violation of the code or an incidentThe code should be referenced in all school handbooksSection 4Deals with normal bullyingSection 5 A person is guilty of harassing communications if he/sheCommunicates with a person by telephone, telegraph, mail or any other form of written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communicationMakes a telephone call with no purpose of legitimate communicationCommunicates by telephone, the Internet, telegraph, mail, or any other from of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication
- #12 Sec. 881. CyberbullyingWhoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both.As used in this section –The term ‘communication’ means the electronic transmission, between or among point specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received; andThe term ‘electronic means’ means any equipment dependent on the electrical power to access an information service, including email, instant messaging, blogs, websites, telephones, and text messages.’