"Cyberbullying" is when a child, preteen or teen is tormented,
threatened, harassed, humiliated, embarrassed or otherwise targeted by
another child, preteen or teen using the Internet, interactive and
digital technologies or mobile phones. It has to have a minor on both
sides, or at least have been instigated by a minor against another
minor. Once adults become involved, it is plain and simple
cyber-harassment or cyberstalking. Adult cyber-harassment or
cyberstalking is NEVER called cyberbullying.
It isn't when adult are trying to lure children into offline
meetings, that is called sexual exploitation or luring by a sexual
predator. But sometimes when a minor starts a cyberbullying campaign it
involves sexual predators who are intrigued by the sexual harassment or
even ads posted by the cyberbullying offering up the victim for sex.
The methods used are limited only by the child's imagination
and access to technology. And the cyberbully one moment may become the
victim the next. The kids often change roles, going from victim to bully
and back again.
Children have killed each other and committed suicide after having been involved in a cyberbullying incident.
Cyberbullying is usually not a one time communication, unless
it involves a death threat or a credible threat of serious bodily harm.
Kids usually know it when they see it, while parents may be more worried
about the lewd language used by the kids than the hurtful effect of
rude and embarrassing posts.
Cyberbullying may rise to the level of a misdemeanor
cyberharassment charge, or if the child is young enough may result in
the charge of juvenile delinquency. Most of the time the cyberbullying
does not go that far, although parents often try and pursue criminal
charges. It typically can result in a child losing their ISP or IM
accounts as a terms of service violation. And in some cases, if hacking
or password and identity theft is involved, can be a serious criminal
matter under state and federal law.
When schools try and get involved by disciplining the student
for cyberbullying actions that took place off-campus and outside of
school hours, they are often sued for exceeding their authority and
violating the student's free speech right. They also, often lose.
Schools can be very effective brokers in working with the parents to
stop and remedy cyberbullying situations. They can also educate the
students on cyberethics and the law. If schools are creative, they can
sometimes avoid the claim that their actions exceeded their legal
authority for off-campus cyberbullying actions. We recommend that a
provision is added to the school's acceptable use policy reserving the
right to discipline the student for actions taken off-campus if they are
intended to have an effect on a student or they adversely affect the
safety and well-being of student while in school. This makes it a
contractual, not a constitutional, issue.
You can find more information at http://stopcyberbullying.org
