The rise of mobile technology and new social apps has made it easier for bullies to continue their misbehavior on the internet. Among our BRAVEUP! resources, we have shared some tactics that students and adults can use to educate themselves on how to fight against cyberbullying. Sometimes, however, these efforts don’t curb harassment, and the time comes to consider legal action. Is cyberbullying illegal? And if so, how are cyberbullying laws enforced?
There is currently no federal law against cyberbullying, but all 50 states have laws against bullying in general—and every state except Alaska and Wisconsin includes an explicit reference to cyberbullying in their anti-bullying laws. StopBullying.gov features an interactive map that gives detailed descriptions of each state’s anti-bullying laws, including what groups are protected and whether that state provides a model policy that educators can use to create anti-bullying policies for their school or district.
Four enforcement tools parents and schools might consider
- Criminal sanctions: Almost every state has laws that explicitly criminalize electronic forms of harassment. The only states that don’t are: Maine, Minnesota, Nebraska, New Hampshire, New Mexico, and Wyoming.
- School sanctions: In 45 states, bullying laws include provisions empowering schools to discipline students accordingly. The exceptions here are Alabama, Michigan, Montana, New Hampshire, and Nevada.
- School policies: In every state except Montana, the law requires schools to have a formal policy to identify bullying and discuss possible disciplinary action.
- Off-campus behavior: Federal law allows schools to discipline students for off-campus behavior that substantially disrupts the learning environment, and 25 states have statutes to that effect as well.
Conclusion:
The penalties that schools can impose on cyberbullies vary from state to state. California, for example, allows schools to suspend or expel offenders on a case-by-case basis. In some states, like Massachusetts, schools have the option of using law enforcement to intervene, and can provide information about cyberbullying instances for police investigations.
Laws like this explicitly turn cyber bullying into a legal matter rather than a school disciplinary issue. At BRAVE UP!, we keep an eye out to keep parents and educators updated on changes in the laws across the country that protect students online. The most effective way to prevent bullying and cyberbullying is to identify it beforehand. Many of our resources and platform features can prevent, predict and detect bullying and cyberbullying before it’s too late.
