Should cyberbullying be a crime?
In March, 2015, a bill was introduced in the Alabama legislature proposing to make student cyberbullying a crime. Attempts in a few other states have failed to pass the constitutional test as applied to the First Amendment right of free speech.
If passed, the law would make it a crime if a student posts personal, private or sexual information on social media with the intent to “intimidate or torment” another student or school employee. The law would punish students for all statements — “whether true or false” — that are likely to provoke the stalking or harassment of a student or employee.
Photo by Thomas Galvez
The bill would also prohibit students from creating fake social media accounts of other students or school employees and would require school employees to report to police any incidents of cyberbullying.
What do you think of this bill? The challenges may come regarding the definition of “torment” and the prohibition against posting true statements. How would that affect student journalists, for example? According to the Cyberbullying Research Center, 14 states have laws making certain types of online bullying a crime. See www.cyberbullying.us for more information on this.
Always think about possible consequences before hitting “send.”
I have several thoughts on what was discussed in the article. First, I think that it is a great deal of progress to actually see these laws being brought before the courts, even if they aren’t enacted right away. The crime of cyberbullying is complex and always changing, and the laws governing it will need to continue to evolve with it.
I found it interesting that the law was initially struck down on the basis of the “free speech.” Again, this seems to be something that we will look back on and realize as a mistake. One cannot yell fire in a crowded theater any more than they should be able to harass and bully someone online.
My hope is that as more people understand cyberbullying, that laws can soon be put in place. It is difficult and complex to create a law that defines the psychological and sociological harassment that happens in cyberbullying situations. If I were to be one of the authors of this law, I believe I would start with the framework of “slander” and “libel,” as a starting point for how to govern the way people talk to each other, and try to adapt it to the online environment.
You make some great points. Thank you for sharing your thoughts, Chad.