What is Cyberbullying?
The definition of cyberbullying is simple: it’s bullying on the Internet. While many people think bullying refers to the physical abuse of one person by another, it now has a much wider scope. Bullying can be verbal, emotional, social, and can occur in many different locations. What cyberbullying specifically refers to is the use of technology – the Internet or email – to harass or hurt someone .
Some common forms of cyberbullying include: The difference between bullying and cyberbullying in the context of school law is that bullying can take place over a number of different locations, whereas traditional bullying may take place on school grounds. With the Internet and other technologies, there is wider reach. Another factor is that bullying used to be escaped easily by getting away from the bully physically. However, with cyberbullying, it is far more difficult to escape.
Cyberbullying in California
California, one of the most populous states with its significant young population, aggressively attempts to address cyberbullying through school policies and legal statutes. In 2015, Governor Jerry Brown signed Senate Bill 741 amending Section 48900 of the California Education Code regarding "pupil rights." The amended Section 48900(k) reads as follows:
(k) Committed, while on the property of the school or while participating in school-related or school sponsored activities, an act of bullying. For purposes of this section, bullying shall include cyberbullying. As used in this section, "cyberbullying" has the same meaning given to that term in Section 32261.5.
In turn, Section 32261.5 defines "cyberbullying" as referring to Section 32261.5 of the California Government Code, a section of the Shelley Hamilton Cyberbullying Act, a part of the California Student Safety and Violence Prevention Act of 2004. The full text of Section 32261.5 provides:
32261.5. (a) A school district shall amend, if necessary, its student discipline policy to address prohibited conduct in electronic form in accordance with Section 48900.
(b) (1) A school district’s policy shall apply to electronic acts, including, but not limited to, a transmission of phonorecords, as defined by Section 110 to 117 of the Civil Code, or video or audio recordings, that is directed specifically toward a pupil or pupils or school personnel, and that has the effect of harming a pupil or school personnel by doing any of the following:
(A) Placing a pupil or school personnel in reasonable fear of harm to that person or his or her property.
(B) Causing a substantial detrimental effect on a pupil’s or group of pupils’ physical or mental health.
(C) Causing substantial interference with a pupil’s orderly educational performance.
(D) Causing substantial disruption of the orderly operation of a class or school activity.
- (2) If the electronic act was not conducted under a school’s jurisdiction, the school district may be limited in its ability to restrict a pupil’s communications off campus, but may be permitted to enact content neutral policies on electronic devices, such as prohibiting the use of electronic devices in restrooms, locker rooms, and other areas where there is an expectation of privacy.
- (3) This subdivision does not apply to electronic acts addressed by the Internet Creditor Responsibility Act (Chapter 2.6 (commencing with Section 9000) of Division 3 of Title 1 of Part 2 of the Civil Code).
- (4) A school district is not required to investigate whether conduct not under the school’s jurisdiction is prohibited under this section.
(c) A school district’s policy shall include information about the scope of its policy, the procedures for discussing and publicizing the policy, and the capacity of school authorities to investigate certain conduct.
In addition to adopting laws in preemption of bully harassment, California has enacted the Electronic Frontier Foundation’s recommended Children’s Online Privacy Protection Act ("COPPA") privacy protection law that sets out additional requirements for all sites that are accessible to minors. The law prohibits "operator[s]" of online Web sites from collecting personal information from any child under 13 years old without first obtaining parental consent. It requires that operators of websites also provide parents with a choice to consent to the site’s collection and use of their child’s personal information, but to refuse to allow other parties to collect and use their child’s personal information.
California was the first state to adopt COPPA legislation extending protection for minors’ privacy to the online world, including email newsletters, kid-oriented chat rooms, etc. Thanks to Gov. Lumkin and the founders of the San Francisco family technology company Common Sense Media, there is legislative recognition that children are not simply "perils to themselves" online but parents, teachers, and communities that must be protected from them.
California Education Code 48900
To combat cyberbullying in schools, the California Legislature took several steps to put laws in place to delineate the responsibilities of school districts in preventing and addressing cyberbullying. The California Education Code section 48900 states:
"Any pupil who commits an act of bullying as defined in Section 32261, committed on or after September 1, 2003, shall be suspended from school and recommended for expulsion.
"Any pupil of any district. . . .while under the jurisdiction of the schools of the district, engages in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in Section 32261, directed toward a pupil or school personnel, that has or will have the effect of doing any of the following: to have their bullying prevented or addressed, and to be disciplined where necessary.
The Legal Implications of Cyberbullying
Legal Consequences of Cyberbullying in California
California prosecutors take cyberbullying seriously. The potential penalties vary based on the specific offense committed, and in some cases, the minor may be offered an opportunity to complete a diversion program rather than participate in formal criminal proceedings. In addition to any diversion programs or remedies, if the minor is convicted of a crime, there is the possibility of incarceration for a period of time, usually between 2 and 4 years. A civil lawsuit could also be filed against the minor by the victim as an attempt to recover damages.
Punishment for cyberbullying can include a $1,000 fine, up to a year in jail, and/or attendance of a treatment program. Other possible penalties include mandatory community service or probation. Other possible legal recourse includes the minor completing a diversion program. These programs have been shown to help decrease the likelihood juvenile offenders will reoffend.
Probation for cyberbullying can last up to three years. Possible term frequencies of probation can include, 1 year, 2 years, 3 years or 5 years. Probation may also be served in or through one of California’s Youth Centers, which function with a unique rehabilitative focus. Among other requirements, juveniles assigned to these centers must complete prescribed amounts of community service.
Victim Rights and Legal Resources
Victims of cyberbullying in California have a number of rights under the law, including the right to obtain a restraining order against the bully, the right to seek the school’s assistance in disciplining the bully and the right to press criminal charges against the perpetrator. Those who are victims of cyberbullying can also seek counseling and mental health support. Many local mental health practitioners have experience working with those who have been victims of cyberbullying and can help to provide strategies to cope with the emotional fallout of being bullied. There is also a 24-hour crisis support hotline for victims of bullying. Run by the National Bullying Prevention Center , this hotline allows victims and their family members to speak anonymously with trained support staff at any time. The number is 1-800-273-8255. Legal help is also available to victims of cyberbullying. If the bullying has been particularly intense, people may wish to seek legal recourse even if they don’t get the involvement of their school or if the bully is not technically guilty of any crime under the law. A California cyberbullying attorney can help you determine your rights and options, up to and including filing a civil suit against the bully under civil harassment laws. A skilled lawyer can also help you fight back against false statements that the bully has made to law enforcement in an attempt to portray you as the aggressor or to cover up their own involvement in wrongdoing.
Prevention and Reporting
The best way to deal with cyberbullying is to prevent it from happening in the first place. Schools have an obligation to investigate and intervene if they receive a report that a child is being cyberbullied. Here are some other strategies you can employ to help minimize the risk of your child becoming involved in cyberbullying: As with other forms of bullying, it’s important to report incidents of cyberbullying immediately. Show support for your child and encourage them to talk to you about what is going on. If at all possible, keep a record of each incident, including screen shots of online posts, graphics, profiles and information about when, where, what and how the incident occurred. It may also be helpful to seek out the advice of a legal professional if the cyberbullying has resulted in harm to your child. Talk to a California attorney about the type of recourse available to you or your child and the school district.
Accountability of Parents and Guardians
In today’s digital age, the role of parents and guardians in preventing, recognizing, and addressing cyberbullying is more crucial than ever. As children spend increased amounts of time online, many are engaging in cyberbullying behavior or becoming victims themselves. This is why it is essential that parents take an active role in learning about the signs of cyberbullying and demonstrating responsible online behavior for their children.
First, parents should understand what cyberbullying is and take notice of the signs that their child may be involved, directly or indirectly. If your child has become withdrawn, anxious, or depressed, it may be an indication that they have been a target of cyberbullies. Another sign to look for is your child considering or actually participating in self-harm behaviors. Many cyberbullying victims find themselves in such deep despair that they cannot see a way out. If your child stops caring about activities they once enjoyed, secludes themselves from peers and family members or exhibits erratic behavior, it may be time to have a frank discussion about their online interactions.
Parents also should take note of their child’s online behavior. Children may engage in cyberbullying because they think it is fun, as they soon discover how their words can incite a reaction. Other children may engage in cyberbullying as a form of revenge for another person. No matter the reason , parents should monitor their children’s use of technology. Parents and guardians can do this by setting rules and consequences regarding technology use, such as not permitting certain websites or only allowing the child to use the technology with supervision. Taunting or harassment are not acceptable behaviors at school and they shouldn’t be at home either.
Parents should also educate themselves about privacy settings on their child’s social media and applications. Taking the time to review privacy settings and only allowing people who are friends in person, not just online, can help prevent a child from being exposed to harmful interactions online.
Furthermore, parents and guardians should talk openly with their children about cyberbullying and its potential consequences. Open lines of communication ensure that the child understands that it is not acceptable to treat others in a hurtful manner and that if they ever need help, they can turn to their parents for assistance.
The important role that parents and guardians play in preventing, recognizing, and addressing cyberbullying cannot be understated. Parents need to remain vigilant in monitoring their child’s internet use, remain educated on cyberbullying and serious consequences, and be open to maintaining a dialogue about cyberbullying as well as the child’s online activity.