February 11, 2013
Judge Tom
2

Fines for harrassing teachers online

Cyberbully Text Message

House Bill 1364 has been introduced into the Indiana Legislature in 2013. If passed, the new law will allow for legal action against students and their parents who go online and harass school employees. Fines up to $1,000.00 are possible. Unlike the law passed in 2012 in North Carolina, the Indiana version does not call for criminal prosecution against the student or parent who violates the law.

The law calls for fines against those who go after a teacher, principal or other school employee on Facebook or any other social media site. Creating fake profiles or making comments or encouraging others to do the same is covered in the legislation. Posting “private, personal or sexual information” about a school employee or “real or doctored” photos will be prohibited. Former students are also included in the proposed law. The intent is to protect school employees against intimidation or “torment” by those being served by the school.

CyberbullyTextMessageOne of the co-sponsors of the bill commented that “To be an effective teacher, you have to have your credibility intact. The intent is to protect teachers from those types of situations” meaning personal attacks on Facebook, Instagram and others. However, since neither “torment” or “intimidate” are defined in the bill, it may be challenged as unenforceable until it’s clear about what is prohibited.

 

Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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2 Comments

  • Dana
    November 13, 2014 6:31 am count( 0 )

    As a middle school teacher I definitely agree with this proposed law. One of the most important aspects of being a great teacher is to be a great role model. If students or parents get angry at a teacher for whatever reason and they post something untrue about him/her, not only could it ruin their reputation, but their career as well. We work really hard to instill values in our students. When reputations are ruined students will disrespect teachers and it completely ruins the learning environment.
    Well put, Dana. Thanks for writing and have fun with your students this year. -Judge Tom

  • Immigration Solicitor Brentwood
    February 12, 2013 8:20 pm count( 1 )

    Everything is very open with a really clear explanation of the issues.

    It was really informative. Your website is very useful.
    Thanks for sharing!

    You’re welcome. Thanks for writing.