THE 'SOCIAL PROBLEM' OF CYBER-BULLYING |

Technology has provided many benefits to society however with these comes new platforms for harassment and abuse.[i] Cyber-bullying is of growing concern as youths have increased access to the Internet.[ii] In a 2006 study in the United Kingdom, 98% of adolescents reported having regular access to the internet,[iii] with 40% of US youths experiencing cyber-bullying.[iv] ?Cyber-bullying can be defined as intentionally and repeatedly inflicting harm[v] through the use of electronic devices such as computers and mobile phones.[vi] This differs from face-to-face bullying as technology is the medium[vii] and the bully may remain anonymous.[viii] Issues such as cyber-stalking, child grooming and vilification[ix] will not be covered in this essay as they differ from cyber-bullying as with the latter the victim and the bully both must be a child or youth.[x] Cyber-bullying should be classified as a legal problem with its own specific legal remedies. This coupled with prevention policies and education programs are necessary to reduce its occurrence.[xi] ?

II CYBER-BULLYING AS A LEGAL PROBLEM

To effectively reduce the negative outcomes of cyber-bullying it must be classified as a legal issue. Firstly, it would allow the child to understand the severity of their actions[xii] and secondly it may deter other youths.[xiii] Gregory Ainsley, a J.D. Candidate from the University of Wisconsin Law School, argues that by making this act a crime a great proportion of youths would be ?felons?.[xiv] However the seriousness of the crime will seldom be realised without legal ramifications and is thus necessary to reduce the number of offenders.

Additionally, courts are in the best position to deal with this problem, as techniques employed by schools and parents once the bullying has occurred are often ineffective.[xv] It is commonly proposed that schools are in the better position to educate and punish cyber bullies[xvi] however there are three main flaws in this suggestion. Firstly, as the Ryan Halligan case illustrates, solutions suggested by parents or schools are commonly rejected by victim of cyber-bullying[xvii] often as it results in the removal of access to technology.[xviii] Therefore many victims fail to report incidences. Implementing a legal ramification for cyber-bullying will not only make youths less likely to commit the offence but will also provide a more feasible solution for the victims. Currently victims may only pursue non-specific remedies through actions such as suing the aggressor for assault, defamation or intentional infliction of emotional distress.[xix] Secondly, schools often deal with instances of bullying through suspension. This does not prevent the bully from continuing to harass their victim from their home.[xx] Therefore due to this crucial difference between cyber-bullying and face-to-face bullying, previous methods of punishment and control cease to be effective. Lastly, schools are unsure and unguided as to the point at which they can intervene with ?off-campus? bullying[xxi] and therefore may fail to act. Thus through the classification of cyber-bullying as a legal issue, the seriousness of which it is dealt with will be increased, deterrence will increase, jurisdiction of the crime will become more lucid and additional access to justice for victims will ensue.

III THE VALUE OF A SPECIFIC LEGAL REMEDY

In Australia, neither Victoria nor the Commonwealth have implemented legislation specific to cyber-bullying.[xxii] Notwithstanding this, all jurisdictions, except WA, have specific anti-stalking legislation[xxiii] indicating a movement toward online regulation. ?As a result of the lack of specific legislation, cyber-bullying offences are being characterized as no more than harassment or a manifestation of personal violence[xxiv] regardless of the outcome. The American case of Tyler Clementi illustrates the need for those guilty of cyber-bullying to be punished by a specific law with a specific legal remedy.[xxv] Such a tailored offence is required to ensure that offenders don?t avoid sufficient sentences as seen with the mere thirty-day imprisonment of Dharun Ravi.[xxvi] Therefore the courts should establish a legal remedy that is suitable and consistent with the grave outcomes the act produces.

IV POTENTIAL REGULATION REFORMS

In addition to specific legislation addressing cyber-bullying as a crime, a number of other avenues in the form of education, training and policy require implementation in order to fulfill an effective preventative approach.

Primarily, schools must be empowered and equipped with the tools to prevent cyber-bullying.[xxvii] Such is a difficult and large aim but it would be beneficial to begin through increased training of teachers[xxviii] to educate them of the most recent developments. Furthermore, it would seem beneficial to train education providers of how to educate youths on identifying and managing risks associated with social media.[xxix]

Within the cyber-bullying legislation, schools should be given guidance on what policies are necessary to implement and the type of liability the school may incur.[xxx] In Virginia, the cyber-bullying laws describe how schools must handle bullying incidents[xxxi] and encourage the implementation of a comprehensive program to educate youths on how to avoid cyber-bullying and how to react when they are being bullied.[xxxii]There have been issues for schools in determining the boundaries of their jurisdiction and the extent to which they are to investigate outside of school incidents[xxxiii]. Legislation must clearly spell out this boundary and thus make the divide transparent.

Furthermore, a hybrid of The Washington and the New Hampshire Approach, suggested by Ainsley, may be a potential reform that effectively addresses the concerns of cyber-bullying.[xxxiv] This includes the implementation of regular training for teachers, mandates clear reporting procedures, promotes community involvement and empowers schools to get involved in cyber-bullying instances outside of school property.

It is argued that education is the most vital aspect of avoiding criminally sanctioning youths.[xxxv] Education is indeed essential as it aids the preventative approach and may reduce offending rates however alone it is ineffective. Cyber-bullying as a legal problem in combination with effective education will aid in providing management of this issue.

V CONCLUSION

Cyber-bullying will continue escalating in prevalence if it is not adequately addressed. The classification of such bullying as a legal problem will send a clear message of its severity and also provide a sustainable avenue to victims. Furthermore, education and government policy in conjunction with the legal classification of cyber-bullying may effectively reduce the incidence and thus the negative outcomes by implementing a complete preventative approach.[xxxvi]

---

[i] Farbotko, ?With great technology comes great responsibility: Virginia?s legislative approach to combating cyberbullying?, 58

[ii] Manuel, ?Cyber-bullying: Its recent emergence and needed legislation to protect adolescent victims?, 220

[iv] Farbotko, ?With great technology comes great responsibility: Virginia?s legislative approach to combating cyberbullying?, 60

[vi] Farbotko, ?With great technology comes great responsibility: Virginia?s legislative approach to combating cyberbullying? 58

[vii] ?Kift, Campbell and Butler, ?Cyberbulling in Social Networking Sites and Blogs: legal issues for young people and schools?, 63

[viii] Ainsley. ?Cyberbullying: the new gender harassment and how legislatures can protect free speech while ensuring laws that keep pace with technological advances?, 318

[ix] Urbas,? ?Look who?s stalking: cyberstaking, online vilification and child grooming offences in Australian legislation?, 62

[x] Kift, Campbell and Butler, ?Cyberbulling in Social Networking Sites and Blogs: legal issues for young people and schools? 58

[xi] Ainsley. ?Cyberbullying: the new gender harassment and how legislatures can protect free speech while ensuring laws that keep pace with technological advances?, 344

[xii] Manuel, Natasha, ?Cyber-bullying: Its recent emergence and needed legislation to protect victims?, 247

[xiv] Ainsley. ?Cyberbullying: the new gender harassment and how legislatures can protect free speech while ensuring laws that keep pace with technological advances?, 316

[xv] Manuel, ?Cyber-bullying: its recent emergence and needed legislation to protect victims adolescent victims?, 247

[xvi] Farbotko, Kelsey, ?With great technology comes great responsibility?, 73

[xvii] Ainsley. ?Cyberbullying: the new gender harassment and how legislatures can protect free speech while ensuring laws that keep pace with technological advances?, 323

[xix] English, Eva, ?Liability for bullying: Holding schools accountable?, 43

[xx] Manuel, Natasha, ?Cyber-bullying: Its recent emergence and needed legislation to protect victims?, 247

[xxi] Ainsley. Gregory, ?Cyberbullying: The new gender harassment and how legislatures can protect free speech?, 337

[xxii] ?Kift, Campbell and Butler, ?Cyberbulling in Social Networking Sites and Blogs: legal issues for young people and schools?, 68

[xxv] Ainsley. ?Cyberbullying: the new gender harassment and how legislatures can protect free speech while ensuring laws that keep pace with technological advances?, 324

[xxvi] Ng, ?Dharun Ravi Expected to be Released from Jail on Tuesday?, 1

[xxvii] de Zwart, et al, ?Randoms vs Weirdos?: teen use of social networking sites and perception of legal risk?, 5

[xxx] Ainsley. ?Cyberbullying: the new gender harassment and how legislatures can protect free speech while ensuring laws that keep pace with technological advances?, 337

[xxxi] Farbotko, ?With great technology comes great responsibility: Virginia?s legislative approach to combating cyberbullying?, 64

[xxxv] Farbotko, ?With great technology comes great responsibility: Virginia?s legislative approach to combating cyberbullying?, 73

[xxxvi] Farbotko, ?With great technology comes great responsibility: Virginia?s legislative approach to combating cyberbullying?, 73.

?

Source: http://victimsofcrime.com.au/social-problem-cyber-bullying/

southern miss rod blagojevich rod blagojevich uconn ncaa march madness mario williams vcu