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