Bullying is hardly a new problem within our society. Moreover, bullying has moved from school grounds, buses, and neighborhood parks to social media sites and texting apps. Cyberbullying is an act of deliberately making use of electronic or technology to intimidate, harass, or cause harm to another individual. Now you must wonder, is cyberbullying a crime in the US? Generally, all states across the nation have bullying laws for addressing bullying. Moreover, states are also diligent in improving laws to combat cyberbullying. In this article, we will be discussing whether it is a crime and the laws and regulations related to cyberbullying in the United States.  

What is Cyberbullying?

Cyberbullying is the usage of electronic communication devices that are used for bullying an individual online. Electronic communication can consist of the usage of computers and cell phones. Moreover, it also means the usage of emails, text messages, and social media.  

Technology has advanced to a drastic level in our modern times. Due to this, the advancement of technology has also resulted in an increase in cyberbullying. Cyberbullying, harassment, and hoaxes have been associated with depression among teenagers. Along with mental issues like low self-esteem and, even worse, suicide.  

Examples of Cyberbullying

Examples of cyberbullying include posting invasive comments or photos on social media platforms. Even creating fake online profiles to belittle another individual can be categorized as cyberbullying.  

Cyberbullying is a widespread issue across the globe, especially among young individuals. A national survey conducted by BullyingUK found that 42% of individuals under the age of 25 years have felt unsafe online. Moreover, 56% below the age of 25 have witnessed others being bullied online. Recently, the internet has evolved into an instrument of abuse and is widely used by criminals to conduct their wrong deeds.  

When is Cyberbullying a Crime?

Until the 2000s, there were no specific laws associated with cyberbullying laws. However, legislators haven’t been blind to the increasing number of occurrences of cyberbullying incidents that are so often portrayed through the media. These publicized matters generally include incidents of school violence or suicide.  

Certain states in the United States have left law enforcement in the hands of school officials. Moreover, cases of cyberbullying are often treated as a civil matter rather than a criminal act.  

Many criminal prosecutors have been able to make use of existing criminal harassment laws for the prosecution of cyberbullies within public schools. Similarly, more than half of the US states have now included “cyberbullying” within their broader bullying and harassment statutes. Due to this, most statutes have included a prohibition on electronic harassment.  

The inclination is to hold offenders accountable for their bullying behavior both on and off campus. Moreover, only a dozen states in the US have made school sanctions for cyberbullying actions that are committed outside the school premises.  

Depending on the state, victims of cyberbullying might be able to seek remedies in a civil court or convince criminal law attorneys to take their bully’s behavior seriously enough to consider criminal charges.  

In the ever-changing area of cyberbullying legislation, the issue makes for a tough balancing act. Moreover, the protection of individuals from any harm might be at odds with protecting free speech rights under federal law.  

Various states across the US have enacted laws that tend to address cyberbullying. Still, stopping harmful online behavior without the infringement of free speech tends to remain a topic of debate and legal scrutiny.  

Common Cyberbullying Strategies

According to the data provided by StopBullying.gov, cyberbullying can take various forms. Some of the common tactics that are used by cyberbullies to harass their victims are below: 

• Posting mean or unflattering pictures or videos of a classmate.  
• Posting rumors (or starting one) on social media platforms.  
• Threaten people through text messages.  
• Disclosing someone’s personal information without acquiring consent from another.  
• Sending messages telling them to take their lives.  
• Pretending to someone else online in order to become online friends and then expose them on the online forum.  

Why is cyberbullying such a serious problem?

Cyberbullying is a traumatizing act for any victim who has faced it. However, there are certain reasons that make cyberbullying a serious problem in American society. These are as included:  

It is persistent 

Cyberbullying can occur at any hour of the day or night. Due to this, it can be a persistent form of harassment.  

Cyberbullying is ever-present  

Cyberbullying usually occurs through the victim’s electronic devices. Generally, through group chats, social media sites, and gaming communities.  

The effects of cyberbullying are permanent

There’s a saying, “The internet is forever”. Due to this unflattering images or defamatory lies can have a greater influence on every aspect of the victim’s life.  

It rarely catches the eyes of adults  

School officials and parents might observe bruises that were caused by a bully to physically harm the child. But cyberbullying is something that parents or school authorities have the least access to as it occurs within the internet community.  

Being a victim of cyberbullying can seriously impact a young individual’s character and self-esteem, which becomes a matter of emotional distress. Moreover, it can cause embarrassment, shame, anxiety, and shame amongst the victims. Cyberbullying has played a role in various teen suicides.  

Effects of cyberbullying

Let’s begin with an example, a high school student has taken an unflattering image of their classmate. They send that image to all of their friends through a mobile phone, with hurtful comments.  

The classmates then target the one in the picture. Instead of dealing with one bully, the victim now faces online harassment from a large group of individuals. The image then goes viral. Moreover, it also attracts attention from strangers, and some of them begin to tease. Similarly, creating a terrible situation for a young individual who is under extreme peer pressure. The results of such an incident can be tragic.  

In the year 2017, the parents of 12-year-old Mallory Grossman filed a lawsuit against their daughter’s school district for the act of gross negligence. The parents had repeatedly told the school authorities regarding the bullying that occurred via texts, Snapchat, and Instagram. They even considered suing the parents of the peers who indulged in cyberbullying.  

Hence, it can be said that the effects of cyberbullying tend to reach far and wide when appropriate actions are not taken beforehand. It is crucial that school authorities have the capacity to act upon initial complaints made by the victim or their guardian to prevent suicide among teens.  

Examples of Cyberbullying Laws across Various States in the US

Most states in the United States have made school sanctions for cyberbullying and cyberstalking in general. Below are some of the laws partaken by states in the US: 

California

Bullying within an educational facility is meant by communication conducted by electronic means. In accordance with the Safe Place to Learn Act and other sections for the establishment of student’s “right to attend classes on school campuses that are safe, secure and peaceful.” Moreover, using electronic devices to cause someone to fear for their life can be charged as a misdemeanor. This can be punishable by up to one year in jail and/or a fine of up to $1,000.  

Florida 

The state has a law named “Jeffrey Johnson Stand Up for All Students Act” that bans bullying of any K-12 student or staff member. Moreover, it clearly refers to cyberbullying, or “bullying through the use of technology or any electronic communication.” The law does not include any criminal sanctions.  

Similarly, it only directs school districts to draft policies and to report occurrences of bullying. This means schools have the liberty to expel or suspend students who have been found guilty of bullying.  

However, enforcement regarding cyberbullying changes from state to state. Some schools have abused this provision by charging students of cyberbullying who have been reported sexual assault.  

Missouri

 In the state of Missouri, cyberbullying is not only limited to “a message, text, sound, or image by means of an electronic device.”  Employees at school are mandated to report instances of bullying. A person who makes use of social media to bully another individual with violent threats might be charged with harassment.  

Offenses are generally categorized as misdemeanors. Even though they might be escalated as felonies if the actions are carried out with the intention of causing emotional distress to the victim. Penalties also tend to increase if the defendant has previous charges related to harassment.       

How Can We Tackle the Problem of Cyberbullying?

Schools, law enforcement authorities, private sectors, and parents must take responsibility for ensuring that cyberbullying is seen as a wrong and socially unacceptable action. Due to this, the common objective must be education.  

Earlier, Google responded with a bombardment of criticism that it must take action to tackle cyberbullying. This has been decided through the process of launching a series of workshops for teens on how to combat hate speech and fake news.  

This initiative was first launched by YouTube for individuals between the ages of 13 and 18 in cities across the United States to raise awareness around issues related to tolerance, empathy, and harassment online.  

Moreover, parents also must aid their kids in combating cyberbullying. They should not take the approach of shutting down their social media pages but assist them with resilience and understanding of themselves and their needs. Similarly, helping them find ways to meet those needs in an improved manner.  

Legal Assistance for Cyberbullying Victims in the US

Cyberbullying laws aim to protect the victims of online abuse and harassment. Even though different states in the US have a different approach towards cyberbullying. But whatever the situation, if you are someone who has been a victim of cyberbullying, the priority is to inform a lawyer. This means reaching out for legal help. Here are the ways you can go about it:  

1. Seek assistance from an experienced attorney who can advise you on ways to combat offensive actions.  

2. You can act by suing the bully under cyberbullying laws or any other statute that applies to this situation. You can also reach out to helplines and anti-bullying services provided by NGOs and the government.  

3. You might think that responding is a tempting thing to do. The best response you can have for cyberbullying is simply to avoid bullying. Or else, if you really need to respond, you can calmly ask them to stop their actions.  

4. Another way you can respond to cyberbullying is by recording the actions of your bully as evidence that can be presented to the online service provider.  

5. Understanding cyberbullying laws applicable within your area of residence is vital to acting against your bullying. Several social media platforms have policies that aid victims in taking appropriate actions against cyberbullying.  

Thus, these are some ways you can effectively act against your bully appropriately.  

FAQs

Here are some frequently asked questions related to whether cyberbullying is a crime in the US.  

Final Thoughts

Now, you have a better idea about whether cyberbullying is a crime in the US. If you are someone who has been a victim of online harassment, it is best that you speak with the appropriate authority regarding the same. You can also talk to an experienced attorney about the same. Best of luck!  

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