Laws of Cyberbullying
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Unfortunately today there are a number of cases where teens or adults will try or succeed to commit suicide because of cyberbullying. With each new case, there grows more of a push for the laws makers in every state to create laws which will penalize individuals for bullying others online. (Alcindor, 2012) As of today, there are forty-nine states which have laws against bullying, forty-eight of which include online harassment. Twenty of those states include cyberbullying in their laws and four other states have proposed a law. (Patchin, 2014)
The following link brings you to a map of the United States, where you can look up the laws that are effective in your state. http://www.stopbullying.gov/laws/
The following link brings you to a map of the United States, where you can look up the laws that are effective in your state. http://www.stopbullying.gov/laws/
Source: www.stopbullying.gov
Each state however seems to have different takes on the degree of punishment and the responsibilities school and individuals have regarding cyberbullying. (Alcindor, 2012) The following table attempts to highlight the differences in each level of regulation.
Each state however seems to have different takes on the degree of punishment and the responsibilities school and individuals have regarding cyberbullying. (Alcindor, 2012) The following table attempts to highlight the differences in each level of regulation.
Levels of Regulation
The law only includes a policy for school, however fails to provide a clear definition of bullying and does not require students, teacher, and parents to training on anti-bullying. (Nash, 2012) Include a policy, requires schools to provide training, and allows schools to take action students are bullying a person affiliated with school (adult or student) or the bullying occurs on school grounds. Schools are not allow to monitor students off campus however. (Nash, 2012) Similar to the above regulation, however these laws give schools power to regulate off-campus speech, even when the program and/or technology has nothing to do with school. (Nash, 2012) Instead of leaving the punishment up to the school, the state has created a law where bullying is an offense punishable by the state. |
Example of a State with the Level
States such as Wyoming have adapted this level of regulation where the laws only state that schools must adapt a policy and leave punishments at the discretion of the school. (Patchin, 2014) Virginia also has adapted this policy which defines bullying and requires schools to adapt a policy and provide training for personal on how to handle bullying. However punishments are just left up to the school. (Nash, 2012) States such as Tennessee (Nash, 2012) and Arizona have adapted a policy where school can enforce punishments if the bullying has occurred on school grounds, school buses, or at a school event. (Patchin, 2014) Other states such as Arkansas (Nash, 2012), Connecticut, and Illinois, give school more of a broader reach. They say schools can punish students for bullying as long as the treat is directed at another student or personal of the school (Patchin, 2014) The state of Massachusetts and New Jersey fall into this category. In Massachusetts, the state has given school to the right to punish their students for bullying, so long as it creates a “hostile environment at school for the victim” (Patchin, 2014). Similarly in New Jersey, the law states the bullying can occur anywhere, and the school can step in if it disrupts “the orderly operation of the school or the rights of their students” (Patchin, 2014) In the state of Hawaii, if any child engages in bullying or cyberbullying, they, or the legal guardian, will be fined at most $100 for each separate offense. Kentucky considers bullying, no matter the form or location, a Class B misdemeanor. Finally the state of Maryland created a law where if a person causes serious emotional distress on another, they could be imprisoned for a year or be charged with up to a $500 fine. (Patchin, 2014) |
Each type of legislation has its strengths and weakness. However some critics will argue that our reaction to cyberbullying has gone overboard. Nash argues that bullying is not a new concept, but the media’s coverage of it is growing. So even though cyberbullying occurs one third less than traditional bulling, “society [has] become more aware of the bullying problem and more inclined to want a drastic change” (Nash, 2012). The changes that are being made however, “aim to solve a bullying problem that is bigger than what actually exists” (Nash, 2012). So while some changes do need to be made, we do not need to make bullying a punishable offence. Justin Patchin, from Cyberbullying Research Center, seems to agree with this policy. He says that “laws are useful to the extent that they draw attention to [the] problem, but it is important that laws are crafted in a way that is informed by research, not a singular high profile incident” (Patchin, 2010). This goes to say that as a society, we cannot react to just one incident and assume all cyberbullying is the same. We need to take the time to look at all the case and common trends, and respond to what actually is occurring.
Both Nash and Patchin argue that a better way to respond to cyberbullying is with education. In terms of education, some work has found that even though laws are in place for school to create an anti - bullying program, students do not feel that schools would be helpful in “combating bullying challenges they faced” (Nash, 2012). In which case bullying could be continuing because no one is reporting the event occurring, or the bullies could feel like they can get away with more since no one is checking in on them. Either way by school sharing with students knowledge of bullying, they can make their presence known and deter a number of students from cyber bullying. Along with the school, the community should get involved. Though students spend a large amount of time at school, most of the cyberbullying is done outside of school (Nash, 2012). Therefore it is important for parents and community members alike to re-enforce anti-bullying policies.
Both Nash and Patchin argue that a better way to respond to cyberbullying is with education. In terms of education, some work has found that even though laws are in place for school to create an anti - bullying program, students do not feel that schools would be helpful in “combating bullying challenges they faced” (Nash, 2012). In which case bullying could be continuing because no one is reporting the event occurring, or the bullies could feel like they can get away with more since no one is checking in on them. Either way by school sharing with students knowledge of bullying, they can make their presence known and deter a number of students from cyber bullying. Along with the school, the community should get involved. Though students spend a large amount of time at school, most of the cyberbullying is done outside of school (Nash, 2012). Therefore it is important for parents and community members alike to re-enforce anti-bullying policies.