In an increasingly wired world where
young people are “digital natives” with the ability to be
connected to the Internet nearly constantly whether at school or at
home, cyberbullying has become a serious problem. The National
Crime Prevention Council defines it as “when teens use the
Internet, cell phones, or other devices to send or post text or
images intended to hurt or embarrass another person,” and the
phenomenon has been in the media spotlight recently due to a number
of suicides demonstrating the potentially devastating effects.
The attention on this issue has spurred
a number of outreach efforts to provide victims of bullying the
support that they need, and to make young people aware of the
potential consequences of harsh words both online and off. However,
the government is beginning to step in to help mitigate this problem
as well. Recently the Department of Education sent a letter to
thousands of schools, urging educators across the country to be
certain that they are complying with their responsibilities to
prevent harassment. This reminder is important, as it highlights
that schools could be liable if these responsibilities are ignored.
Many of these responsibilities are
already laid out in legal precedent, even though they may not
specifically apply to cyberbullying. Both federal statutes and case
law covers sexual, racial, and other forms of harassment that could
well apply in many of these cases. In fact, certain forms of bullying
might even violate federal anti-discrimination or civil rights laws.
Some states are looking into more
specific legislation to target the issue as well. New Jersey
lawmakers have just introduced an “Anti-Bullying Bill of
Rights,” the toughest state law of its kind. It augments laws
already in existence and requires anti-bullying programs in public
schools as well as certain language in college codes of conduct to
address the issue. And the proposed laws can hold schools
accountable if bullying negatively impacts the lives of students.
This issue is part of an overarching
change in the way that young people interact, a state of affairs that
the law is just beginning to catch up to. A recent study
found that one in ten teens report receiving threatening emails or
phone messages from a romantic partner, indicative of a growing trend
of digital dating abuse that advocacy groups fear goes hand-in-hand
with cyberbullying. As this problem continues to grow, lawmakers
will continue search for new ways to protect those affected.