What are some consequences of cyberbullying?

Some journal articles and online networks have raised the issue of the legalities of cyberbullying; generally, can one be prosecuted for being a cyber bully? The web site STOP cyberbullying states, “Cyberbullying may arise to the level of a misdemeanor cyberharassment charge, or if the child is young enough may result in the charge of juvenile delinquency (¶ 6). Cyberbullying has become such a newly debated issue that United States Supreme Court cases have been cited in regards to their implications on the cyberbully and the school personnel. Both Willard (2010) and Mason (2008) discussed Tinker v. Des Moines Independent Community School District, Bethel School District No. 403 v. Fraser, and Hazelwood School District v. Kuhlmeier; all of these cases address students’ rights to free speech. Willard also raised the issue of school officials’ responsibility to respond to off-campus behavior. She wrote, “…school officials should have the authority to impose discipline for on- or –off-campus sexting acts that are directed at harming a student’s reputation or causing a hostile environment at school for that student” (p. 8). She interpreted that school officials have the authority to respond to cyberbullying that takes place off campus if it makes the victim feel unsafe, interferes with the victim’s education, or creates a significant disruption at school.

School districts across the country are now having to address cyberbullying by creating and implementing policy and discipline guidelines.

In 1999 U. S. Attorney General, Janet Reno, sent to Vice President Al Gore her report titled Cyberstalking: A New Challenge for Law Enforcement and Industry which began to explore ways to address this issue. The report stated, “Unfortunately, many of the attributes of this technology – low cost, ease of use, and anonymous nature, among others – make it an attractive medium for fraudulent scams, child exploitation, and increasingly, a new concern known as “cyberstalking” (¶ 1). The report acknowledges that there is no universally accepted definition of cyberstalking, however it does include ‘leaving written messages or objects’ within the defines of stalking; hence, would leaving harassing text messages be considered stalking which could then be a criminal act?

STOP cyberbullying. Direct attacks: Cyberbullying by proxy. Retrieved March 3, 2011

from http://www.stopcyberbullying.org/how_it_works/direct_attacks.html

STOP cyberbullying. What is cyberbullying, exactly? Retrieved March 3, 2011 from

http://www.stopcyberbullying.org/what_is_cyberbullying_exactly/index.html

STOP cyberbullying. Take a stand against cyberbyllying. Retrieved March 3, 2011 from

http://www.stopcyberbullying.org/take_action/take_a_stand_against_cyberbullying.html

Willard, N. (2010, August 2). School response to cyberbullying and sexting: The legal

challenges. Retrieved from http://www.csriu.org/documents/documents/cyberbullyingsextinglegal_000.pdf

Mason, L. M. (2008). Cyberbullying: A preliminary assessment for school personnel.

Psychology in the Schools, 45(4), (pp. 323 – 348). Doi:10.1002/pits.20301

U.S. Attorney General. (1999). Cyberstalking: A new challenge for law enforcement and

industry. Retrieved from http://www.justice.gov/criminal/cybercrime/cyberstalking.htm