Bullying and the Law
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Transcript of Bullying and the Law
Victoria CirritoProfessor Steele
Business Law
BEYOND LAW’S GRASP:CYBER HARASSMENT
Overview• Cyberbullying
– Scope – Nature– Effects
• Legislation– Difficulties– Possible solutions
CYBERBULLYING DEFINEDSection A
DefinitionAny type of aggression or bullying that occurs between minors using technological means
91%
9%
Teen internet users
Reasons for Its Prevalence
1. Easy access
2. Lack of supervision
Nature of the AbuseMain Characteristics
• Consists of derogatory remarks posted through the internet
• Goal: slander or destroy the victim’s personal life
Methods• Uploading false or
humiliating pictures and videos
• Posting cruel comments on a blog, website, or webpage
• Bombarding victim with hateful texts or emails
• Creating a website as a hate forum
• Combination of these methods
What it entails
Cyberbullying by Proxy
Physical Aggression
Relational Aggression
Cyberbullying victims are almost twice as likely to have
attempted suicide
All adolescents pictured took their own lives by hanging, due to cyber
bullying
Changes in Their EffectTraditional
BullyingCyber
Bullying
Victim is targeted throughout the day
Bullies’ courage heightens
aggression
Bully is shielded by the internet’s anonymity
Only affected the victim inside the school
Aggressors were more easily targeted
LEGISLATIVE ISSUESSection B
Legal Problems•National and state governments only recognize verbal and written speech•It is difficult to categorize technology’s hybrid form of speech•Because this communication is written, it is protected under the First Amendment
Overview of State Law• Cyberbullying is a state
concern– Thirty-four states have
worked on provisions– Prefer to designate control to
the school system• Cases can be prosecuted
under tort causes of action– Invasion of privacy– Defamation of character
Difficulties for Prosecuting under Defamation
DefinitionThe cyberbully• (1) Published a statement (2) that was
defamatory concerning the victim (3) while acting with negligence regarding the truth of the statement (4) the victim suffered damage as a result.
Invasion of Privacy by Reasonable Intrusion
Definition (1) The cyberbully
intentionally intruded on the victim’s solitude, seclusion, or private affairs (2) the intrusion would be highly offensive to an average person (3) the victim suffered injury as a result
Invasion of Privacy by Public Disclosure of Private Facts
Definition (1) The cyberbully publicized matters
concerning the victim’s personal life (2) the publication would be highly offensive to a person of ordinary sensibilities (3) the matter publicized is not of legitimate public concern
Addition to the Texas Penal Code•Statute—Section 33.07—attempts to add more recourse for prosecuting cyber crimes
•Addresses problems regarding privacy concerns •Makes it a third-degree felony (Class A misdemeanor) for anyone who divulges another’s personal information
Difficulties with the Code• Few cases of cyber harassment include
divulging information• The bully must have also used an
assumed identity when they published the information
Provisions under the Texas Education Code•Section 37.001 makes it mandatory that all schools have a policy for cyberbullying prevention and punishment•Section 37.217 requires them to institute a cyberbullying awareness program for their students
Difficulties with the Code• Texas’s School Safety Center and the
Attorney General have not received updated information that includes Section 37.001 or mention of cyberbullying– School Safety Center is suspended from accomplishing
any policy changes• Research shows that awareness programs
have little effect on the students’ activities– Adolescents are reluctant to accept school counseling– Believe schools are not capable of coping with the issue
Legislative Reform
Open other tort causes of actionDefine the Penal CodeRecognize cyber speech
Revising the Penal Code• Section 37.07 stands for
challenges on unconstitutional vagueness– Current definitions are too
broad for concrete judgments• Restriction that the offender
assume a false identity excludes the majority of cases– Most cyberbullies identify
themselves openly– Code should deal directly with
cyberbullying
Identifying Cyber Communication
• The government must recognize that virtual communication is an alternant form of speech
• Virtual communication shares most characteristics of verbal harassment– Classify it as verbal speech– Remove it from the protection
afforded by the First Amendment
Open an Alternant Action• Courts should recognize cyberbullying as an
applicable offense under invasion of privacy by publicly placing the other in a false light.
• The majority of cases would easily fit the requirements– (1) The false light in which the other was placed would be
highly offensive to a reasonable person; and (2) the actor had knowledge of or acted in a reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
Recap
Scope
Nature
Effects
Cyberbullying
Difficulties
Possible Solutions
Legislation
Questions
The End