Cyber bulling: an increasing problem
The connections we can now make through computer networks and other social media have enriched many of our lives and made it much easier to stay in touch with our families, our friends, and our communities. But, as I wrote a few weeks ago, these social networks also contain some pitfalls that can bring a lot of misery into our lives.
One of the most serious threats is cyber bullying: the use of computers, cell phones and other electronic devices in ways that inflict intentional and repeated harm. It can be worse than old fashioned face-to-face bullying because it can be as relentless as a software program spewing out millions of false statements in just a few seconds.
Cyber bullying can harm you, your reputation, your family, your business, your friends, and even your community.
The harassing communications that constitute cyber bullying include unsolicited words or actions intended to annoy, alarm, or abuse another individual. These are often based on a protected status (such as sex, race, disability, or sexual orientation). These harassing communications may cause you to feel anxious, scared, or depressed. They can cause similar responses to your family members, including your spouse, children and parents. They may be concerned about your safety if the person harassing you makes threats against you.
Posts on social media remain in the cloud, regardless of whether you or someone else deletes them. Because nothing on social media websites ever really goes away, your reputation can be damaged for many years.
For example, when you apply for your dream job, you can be certain that your potential employer will search for your cyber history before offering you a job. Allegations of wrongdoing – whether they are true or false – can cost you that job.
Because cyber bullying is a relatively new problem, the laws governing this activity are still evolving to deal with developing threats. But if you have suffered a particularly shocking or vicious cyber bullying attack, you might be able to file a successful civil or criminal case. There are two areas to consider: civil defamation and criminal prosecution
Civil Defamation
To prevail in a civil defamation lawsuit, you must prove that (1) the cyber bully published (shared with someone other than you) a false defamatory statement about you, (2) you suffered harm to your reputation as a result of the statement, (3) the cyber bully was at fault when he made the statement, and (4) that you have suffered damages.
Before you file a civil defamation case, you should carefully consider the pros and cons of doing so.
Filing a lawsuit will publicize the false allegations, and a larger audience will learn of them. If the public doesn’t closely follow the lawsuit, they may believe that the statements were true. Furthermore, the media will likely cover the filing of the lawsuit in a dramatic way, but may not acknowledge the conclusion in your favor with as much coverage.
In addition, a cyber bullying victim may not be able to clearly prove all of the facts necessary to win a defamation lawsuit. If you lose, people may believe that the allegations are true, even if they aren’t.
Criminal Prosecution
There are also criminal laws that might be helpful to you when you are cyber bullied. Proving the intent of the bully to cause a direct result or harm to the victim is critical to a success prosecution. Keep in mind that you will have to report the facts to law enforcement and the city or state will have to initiate a criminal case.
Proving the intent of the bully to cause direct harm is critical. When you receive text messages, emails or instant messages which amount to bullying, you may have direct proof of bullying.
When you are the target of cyber bullying through the use of Facebook, Twitter and similar social media sites, there can be difficulties in proving the case in criminal court. For example, it can be difficult, if not impossible, to obtain the records from these sites which are necessary to prove the case.
Swearing out a warrant in a cyber bullying case should be regarded solely as a way to handle extreme cases.
As I said, the law in these cases continues to change in response to new threats. Lots of resources are becoming available to people who believe they are being cyber bullied. Here are some places to begin:
This website features events, research, publications, and a blog on cyberbullying.
The organization offers strategies to respond to cyberbullying.
Cyberbullying Warning Sign Checklist
This checklist helps you determine if you are being cyberbullied.
http://endcyberbullying.net/online-resource
This site includes a list of safety guidelines for several social media sites.
https://www.youtube.com/watch?v=dkG00Czb4ho
Here’s a video with tips on what to do if you are cyberbullied.