Cyberbullying: A Crime, A Law, A History

Cyberbullying is a form of bullying or harassment using electronic means, and it has become increasingly common since the 2000s, especially among teenagers and adolescents. While cyberbullying laws vary across different countries and states, several US states and other countries have passed laws to combat cyberbullying. In the US, more than half of the states include cyberbullying in their broader bullying or harassment laws, and most states also include a prohibition on electronic harassment.

In Canada, the introduction of the Protecting Canadians from Online Crime Act, or Bill C-13, in 2015 was a significant step towards addressing cyberbullying. This Act includes amendments to Canada's Criminal Code, making it an offence to share intimate or sexual pictures of someone without their consent, with penalties of up to five years in jail. Additionally, the Safe Schools Act in Ontario, Canada, specifically includes online behaviour, allowing students to be suspended or expelled for cyberbullying, even if it occurs outside the school.

Cyberbullying laws in the US

Cyberbullying is a form of bullying or harassment using electronic means. It can include posting rumours, threats, sexual remarks, a victim's personal information, or hate speech. It can also involve creating fake profiles to spread harmful messages or exclude people. Cyberbullying can have serious consequences for victims, including lower self-esteem, loneliness, and even suicide.

In the US, there is no federal law specifically addressing cyberbullying. However, most states have made efforts to address this issue. Some states have explicit criminal laws against cyberbullying, while others require school or district policies to mitigate its effects. Certain states view cyberbullying as a form of criminal harassment and include it in their broader bullying or harassment laws. Additionally, all states have criminal harassment and/or stalking statutes, and most of them explicitly mention electronic forms of harassment.

• California: Cyberbullying in an educational facility includes communications by electronic means. Using an electronic device to cause someone to fear for their life can be charged as a misdemeanour, punishable by up to a year in jail and/or a fine of up to $1,000.
• Florida: The "Jeffrey Johnston Stand Up for All Students Act" prohibits bullying, including cyberbullying, of any K-12 student or staff member. The law directs school districts to draft policies and report instances of bullying, but it does not include criminal sanctions.
• Missouri: Cyberbullying is defined as using electronic devices to send messages, texts, sounds, or images to bully another person. School employees must report instances of bullying. Violent threats made through social media can be charged as a misdemeanour, and penalties increase for offenders with prior harassment convictions.

While there is no federal law specifically targeting cyberbullying, there is a federal cyberstalking law designed to prosecute individuals who use electronic means to repeatedly harass or threaten someone online. Additionally, the First Amendment may offer interpretive resources for justifying administrative reach into online digital speech related to cyberbullying.

Cyberbullying laws in Canada

Cyberbullying in Canada can be addressed under civil law or criminal law, depending on the situation. Here is an overview of the legal landscape surrounding cyberbullying in Canada.

Civil Law

Civil law deals with property rights, personal dignity, and freedom from injury. Under civil law, there are three primary approaches to cyberbullying:

• Defamation: This occurs when a person spreads false information about another person, causing harm to their reputation. Defamation can be in the form of slander (temporary, such as unrecorded speech) or libel (permanent, such as a book or website). In cases of libel, the target can take legal action against the perpetrator and may be awarded damages.
• Creating an unsafe environment: Schools and workplaces are required by law to provide a safe environment for their students and employees. Cyberbullying that makes it difficult for students to learn in a safe environment can lead to disciplinary actions, such as suspension or expulsion.
• Reasonably foreseeable consequences: A person who engages in cyberbullying is legally responsible for any consequences that they could have reasonably foreseen. For example, if a cyberbully suggests that a depressed student should kill themselves and the student does so, the cyberbully can be held liable if they had reason to believe that this outcome was likely.

Criminal Law

Criminal law determines which actions are crimes against the state. Several criminal code offences may apply to instances of cyberbullying:

• Criminal harassment: When a person's actions or statements make someone fear for their safety or the safety of others. This includes uttering threats and intimidation.
• Defamatory libel: Publishing false and harmful statements about a person, particularly those in positions of authority.
• Publishing intimate images without consent: This includes intentionally spreading images or being reckless about obtaining consent.
• Mischief in relation to data and unauthorized use of a computer: This applies when an account or device is hacked.
• Extortion: When a person tries to make the target give them money or commit an act by threatening them.
• Counselling suicide: Encouraging someone to commit suicide, regardless of whether they attempt to do so.
• False messages, indecent or harassing telephone calls: This includes cyberbullying via electronic communication.
• Incitement of hatred: Promoting hatred against an individual or group based on factors such as race, religion, or sexual orientation.
• Child pornography offences: This includes the creation and distribution of child pornography.

Provincial and Territorial Laws

In addition to federal laws, several provinces and territories in Canada have enacted specific laws to address online and offline bullying:

• Alberta: The Education Act defines bullying and requires students to report cyberbullying.
• British Columbia: The Intimate Images Protection Act gives judges the power to order the removal of intimate images from online platforms.
• Manitoba: The Cyberbullying Prevention Act defines cyberbullying and holds parents accountable if they are aware of their children's cyberbullying and take no action.
• New Brunswick: The Education Act includes both online and offline bullying in its definition of "serious misconduct" and guarantees students a positive learning environment free from bullying.
• Nova Scotia: The Intimate Images and Cyber-Protection Act allows targets of cyberbullying to apply for a "cyber-protection order" to stop the distribution of intimate images and seek damages.
• Newfoundland: The Safe and Caring Schools Policy includes electronic bullying in its list of inappropriate behaviours.
• Northwest Territories: The Education Act includes a definition of bullying that covers acts committed in and out of school, with specific examples of cyberbullying.
• Ontario: The Education Act provides a definition of cyberbullying and requires schools to implement bullying prevention plans.
• Quebec: An Act to prevent and stop bullying and violence in schools modifies the Education Act to include cyberbullying. Quebec also has a unique "general intermediary liability regime," holding online platforms liable for illegal activity that they fail to stop.
• Saskatchewan: The province's Privacy Act allows targets of intimate image sharing to take legal action, shifting the burden of proof to the person who shared the image.

Cyberbullying as a criminal offence

Cyberbullying is a form of bullying or harassment using electronic means. It has become increasingly common since the 2000s, especially among teenagers and adolescents, due to young people's increased use of social media.

Cyberbullying can be addressed under civil law or criminal law, depending on the situation and the jurisdiction. In the US, most states have bullying laws in place to address traditional bullying, and a growing number have online bullying or electronic harassment provisions. While some states leave law enforcement in the hands of school officials, others have included "`cyberbullying`" in their broader bullying or harassment laws, and most states include a prohibition on "electronic harassment".

In Canada, cyberbullying can be addressed under civil law or criminal law. Under civil law, there are three approaches to cyberbullying: defamation, creating an unsafe environment, and being responsible for any reasonably foreseeable consequences of one's actions. Under criminal law, there are two approaches: harassment and defamatory libel.

US Cyberbullying Laws

In California, bullying in an educational facility includes communications by electronic means. Using an electronic device to cause someone to fear for their life can be charged as a misdemeanour, punishable by up to one year in jail and/or a fine of up to $1,000.

Florida's "Jeffrey Johnston Stand Up for All Students Act" prohibits bullying of any K-12 student or staff member and explicitly references cyberbullying. The law directs school districts to draft policies and report instances of bullying, and schools can suspend or expel students found guilty of bullying.

In Missouri, cyberbullying is defined as including "a message, text, sound, or image by means of an electronic device". School employees must report instances of bullying, and an individual who uses social media to bully another person with violent threats may be charged with harassment. Offences are typically classified as misdemeanours but can escalate to felonies if the actions are intended to cause emotional distress and do, in fact, have that effect.

Canadian Cyberbullying Laws

In Canada, the Protecting Canadians from Online Crime Act, which came into effect on March 10, 2015, includes amendments to the Criminal Code, the Canada Evidence Act, the Competition Act, and the Mutual Legal Assistance in Criminal Matters Act. Under the Criminal Code, it is an offence to share intimate or sexual pictures of someone without their consent, and this legislation applies to both adults and minors.

In addition to up to five years in jail, someone convicted of a cyberbullying offence in Canada may also face seizure of their electronic devices and an order to reimburse the victim for the financial cost of removing the intimate image from the internet or other sites. If the accused made someone fear for their safety, they may also be charged with criminal harassment, which carries a penalty of up to 10 years in prison.

Cyberbullying as a civil offence

Cyberbullying is a form of bullying or harassment that takes place through electronic means, such as the internet or mobile technology. While there are no specific cyberbullying laws, it can be addressed under civil or criminal law.

Civil Law

Under civil law, there are three approaches to cyberbullying:

• Defamation: This involves spreading false information about someone, causing harm to their reputation. Libel, which appears permanently in a book or on a website, can lead to the target suing the person making the statement and seeking damages.
• Creating an Unsafe Environment: Schools and workplaces are required to provide a safe environment for their students or employees. A school can punish a student for online behaviour that affects the ability of others to learn in a safe environment.
• Responsibility for Reasonably Foreseeable Consequences: A person who cyberbullies and suggests self-harm to a depressed student, for example, would be liable if the student acted on this suggestion, assuming the bully had reason to believe this was a likely outcome.

Criminal Law

In terms of criminal law, there are two approaches:

• Harassment: Under the Criminal Code, harassment is a crime. It involves making someone fear for their safety or the safety of others. Even without the intent to frighten, the perpetrator can be charged if the target feels threatened. Criminal harassment can lead to up to 10 years in prison.
• Defamatory Libel: This is treated as a crime, particularly when directed at a person in authority, and can result in up to five years in prison.

Provincial and Territorial Laws

Several provinces and territories in Canada have laws specifically addressing online and offline bullying. For instance, the Education Act in Alberta mandates students to report cyberbullying and includes penalties such as suspension and expulsion for those who fail to do so. Additionally, the province of Nova Scotia legally defines bullying and cyberbullying, making parents responsible for their children's cyberbullying if they are aware of it and did not take action to stop it.

Cyberbullying laws in schools

Cyberbullying is a form of bullying or harassment that uses electronic means such as social media, email, instant messaging, online gaming, or text messages. It has become increasingly common since the 2000s, especially among teenagers and adolescents, due to the increased use of social media. Cyberbullying can be as traumatizing as traditional forms of bullying and can have serious psychological impacts on victims.

In the United States, most states have bullying laws in place to address traditional bullying, and a growing number have provisions for online bullying or electronic harassment. However, the specific laws and sanctions related to cyberbullying vary from state to state. While some states leave law enforcement in the hands of school officials, others have passed laws that explicitly include electronic forms of communication within stalking or harassment laws. Here is an overview of some state-specific cyberbullying laws in schools:

• California: California prohibits the use of an electronic device to cause someone to fear for their life. The Safe Place to Learn Act establishes a student's right to attend school in a safe and peaceful environment. Cyberbullying can be charged as a misdemeanor, punishable by up to one year in jail and/or a fine of up to $1,000.
• Florida: The "Jeffrey Johnston Stand Up for All Students Act" prohibits any type of bullying, including cyberbullying, for K-12 students and staff. The law directs school districts to draft policies and report instances of bullying. Schools can suspend or expel students found guilty of bullying, but enforcement varies across districts.
• Missouri: Cyberbullying in Missouri is defined as using electronic devices to send messages, texts, sounds, or images to bully another person. School employees must report instances of bullying. An individual who uses social media to violently threaten another person may be charged with harassment, typically classified as a misdemeanor. If the victim is under 17 years old, the offense can be escalated to a Class D felony.

While there is a trend towards holding cyberbullies accountable for their actions both on and off-campus, the issue of cyberbullying legislation is complex. This is because protecting individuals from harm may conflict with safeguarding free speech rights. As a result, many states have enacted laws addressing cyberbullying, but the challenge lies in curbing harmful online behavior without infringing on free speech.

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