Should Cyberbullying Be Legal
Take sexting, for example. In this situation, individuals who send or receive sexting may be charged with distributing child pornography. If the person in the photo took the photo themselves and then distributed it, they can be charged with distributing child pornography if they are a minor. Although they voluntarily took the photo and voluntarily sent it to someone else, many states consider it to be the distribution of child pornography. For this reason, it is extremely important for young people to understand the consequences of sexting. They can get into big legal trouble if they don`t understand the law. But cyberbullying laws aren`t limited to sexting. While there is no federal law dealing specifically with cyberbullying, a person who is being bullied based on race, national origin, gender, sexual orientation, disability, or religion may overlap with discriminatory harassment and federal civil rights laws. The penalties schools can impose on cyberbullies vary from state to state. California, for example, allows schools to suspend or expel offenders on a case-by-case basis. In some states, such as Massachusetts, schools have the ability to use law enforcement to intervene and can provide information about cyberbullying cases for police investigations. Since the federal government has not passed a national law to prevent cyberbullying or bullying, each state is responsible for drafting and enacting its own.
Most children in the United States have been victims of cyberbullying or have been part of it in some way, either as victims or perpetrators. In fact, research suggests that half of all students have received hurtful comments or messages online. In addition, 10% to 20% of them are regularly cyberbullied. According to StopBullying.gov, cyberbullying can take many forms. including: Criminal Law: This branch of law determines which acts constitute crimes against the state. There are three approaches to cyberbullying in criminal law: cyberbullying, online harassment and digital abuse may be a criminal offence in some cases (depending on where you are and where the person involved in the abusive behaviour is). While it can be difficult to take legal action against certain types of online bullying and abuse, many countries and states are introducing new laws or amending existing laws to incorporate online digital abuse and harassment. As schools, communities, and law enforcement become more adept at identifying cyberbullying, cases like this may increase. Meanwhile, advocates are calling for greater federal involvement.
They believe schools need clear guidelines on how to reduce cyberbullying while promoting respect and kindness. In response, Ohio law requires districts to expand their existing anti-bullying policies to cover incidents of harassment, bullying and bullying that occur both online and on school buses. It also states that a county`s anti-bullying policies must state that students can be suspended for bullying or cyberbullying. The law also requires schools to offer anonymous reporting mechanisms, as well as strategies to protect the person who reported the incident from reprisal. Section 2 of the Canadian Charter of Rights and Freedoms guarantees freedom of expression. However, this right is guaranteed “only within the reasonable limits prescribed by law and can be justified in a free and democratic society” and must be weighed against § 7 in the case of cyberbullying. The last article guarantees “the right to life, liberty and security of person”. In general, section 2 of the Charter has not been accepted as a defence in civil or criminal harassment cases. Here is a list of potentially criminal forms of cyberbullying, as listed by Stomp Out bullying: As a result, cyberbullying laws vary widely, with some states having much stricter requirements than others.
For example, New York`s Dignity for All Students Act (DASA) states that school districts must have the following policies and procedures. For example, they must: Originally published May 15, 2018. The content has been updated to reflect changes to cyberbullying laws. If you have a child in middle or high school, you probably know how prevalent cyberbullying has become. As kids get younger and younger — the average age at which kids get their first phone is now 10.2 — the opportunities for cyberbullying have skyrocketed.