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Navigating Cyberbullying Laws: Safeguarding Against Online Harassment

As the Internet and social media continue to take center stage in our modern lives, cyberbullying is on the rise. From threatening messages to sharing private information without consent, cyberbullying refers to the harassment, intimidation, or harm of others via digital channels. In some cases, cyberbullying can be just as harmful as in-person physical bullying. It can have serious consequences both in a legal sense and on an individual’s safety and well-being. In this informative article, we will dive deeper into how to legally navigate cyberbullying and how to protect yourself and your loved ones against online harassment.

Common Cyberbullying Tactics

Cyberbullying can take many different forms, including: 

  • Posting a picture or video of another person without their consent
  • Spreading or starting rumors on a social media platform
  • Cyberstalking someone’s movements or activities 
  • Threatening people via instant message or text message
  • Exposing personal information about an individual without their consent

StopBullying.gov, a website and initiative developed by the United States Department of Health and Human Services, states that the most common places where cyberbullying occurs are social media platforms (such as Facebook, Instagram, TikTok, and Snapchat), text messaging or messaging apps, online forums and message boards such as Reddit, online gaming communities, and email. 

Cyberbullying Laws in the United States

As a result of the increasing number of incidents of suicide and mental health issues at schools, cyberbullying has gained lawmakers’ attention in recent years. On a federal level, several laws have been enacted to protect victims of cyberbullying. This includes the Children’s Online Privacy Protection Act (COPPA) which protects the online privacy of children under the age of 13. This federal law requires the operators of websites to obtain parental consent before collecting personal data from children. Moreover, federal protection extends to instances where cyberbullying intersects with discriminatory harassment. These laws address cyberbullying when it is based on a person’s race, color, national origin, sex, disability, or religion. In certain instances, when cyberbullying behaviors escalate to more severe levels, they can potentially be classified as criminal offenses under federal law. For example, engaging in hate crimes in which someone is threatened or targeted online based on their race or religion, can be considered a criminal offense. Civil action may also be taken against cyberbullies in the event of certain situations such as defamation or disclosure of private details.

Victims of cyberbullying are also protected on a state level. In fact, nearly half of US states include cyberbullying as part of their anti-bullying or harassment laws. These prohibitions typically aim to prevent “electronic harassment.” As each state has the authority to enact its own legislation to address this issue, the exact laws vary from state to state. Nonetheless, there are several common elements found in state-level cyberbullying laws. Many jurisdictions have chosen to enforce strict procedures upon schools to mitigate bullying and implement prevention programs that educate students about cyberbullying. Moreover, some states may require schools to develop policies for reporting and investigating cyberbullying incidents that occur within educational settings. 

Protecting Yourself from Cyberbullying

Safeguarding yourself and your loved ones from cyberbullying in our increasingly digital world has never been more important. Here are a few steps to take to prevent and protect against online harassment:

  • Report and Document Incidents: If you are experiencing any type of online harassment, keep careful records of the offense content. This can include taking screenshots, saving timestamps, or collecting any other evidence that can support your case. These materials are critical if you decide to pursue legal action.
  • Increase Personal Cybersecurity: As a general rule, the more active or present you are on social media platforms, the more vulnerable you are to cyberbullying. Prevent cyber harassment by doubling down on your personal cybersecurity. This can include ensuring your passwords are as secure as possible and making sure your social media accounts have suitable privacy settings that limit your content to permitted users only. 
  • Maintain Safety: If you have received threats online, it is essential to stay vigilant in protecting your physical safety. If the abuser knows personal details about you such as your home address, you should implement further security measures at your residence such as installing a security system or changing locks. Consider informing trusted family members or friends in order to find a place to stay where you will feel safe. Additionally, if you feel concerned about your personal safety, you should let local authorities know as soon as possible. You can seek legal measures for your safety, such as obtaining an Order of Protection.
  • Monitor Children’s Behaviors: Unfortunately, cyberbullying is a prevalent issue among school-age children. It is vital for parents, educators, and caregivers to actively monitor and stay attuned to children’s online activities. Further, aim to recognize any behavioral changes in a child that may indicate they are being bullied, such as expressions of distress or sudden withdrawal.

Seeking Justice

Online harassment can have severe and long-lasting effects on individuals. If you find yourself a victim of cyberbullying, you may choose to seek legal recourse. At this stage, it is crucial to consult with an experienced Internet and Communications lawyer to understand your rights and review your case. Our top-tier attorneys at Attorney at Law are dedicated to assisting you in this matter and guiding you towards achieving a positive outcome. Get connected today and begin your journey towards justice.

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21 years in practice
Adoption, Advance Healthcare Directives, Alimony, At-Fault Divorce, Auto Accidents
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