|
Laws Against Cyberbullying
Nancy Willard, Director of Center for Safe and Responsible Internet Use defines cyberbullying as "using the internet or other mobile devices to send or post harmful or cruel text or images to bully others." In this new online era it is a serious issue and one that can have devastating ramifications.
In his article, States Seek Laws to Curb Online Bullying, Justin M. Norton of the International Business Times, tells the story of a 13-year-old boy who was continually harassed online, eventually to the point that he committed suicide.
This incident has incited multiple states to take a serious look at the issue of cyberbullying. "The kids are forcing our hands to do something legislatively," said Rhode Island state Sen. John Tassoni, who introduced a bill to study cyberbullying and hopes to pass a cyberbullying law by late 2007, he told the IBT.
Below is a detailed account of states that have begun taking legal action against cyberbullying. Many states are just in the process of introducing legislation. For updated information on new laws and legislation, you can go to your local senate website and search cyberbullying. Most legislation includes "cyberbullying", though the focus of the campaign was "bullying" in general. Many states require the local district to enact a policy. For specific rules and regulations, you should contact your local PTA.
ARKANSAS: The state Senate passed a bill calling on school districts to set up policies to address cyberbullying.
IDAHO: In 2006, Idaho expanded their anti-bullying legislation, requiring school districts to address cyberbullying in their anti-bullying policy. Idaho's redrafted legislation declared that acts of harassment, intimidation or bullying could be committed through "the use of a land line, car phone or wireless telephone or through the use of data or computer software that is accessed through a computer, computer system, or computer network."
IOWA: The state Senate passed an anti-bullying legislation that requires schools to formalize an anti-bullying policy. In 2007 this state expanded the legislation to include electronic communication, which they define as "any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means." "Electronic" includes but is not limited to communication via e- mail, internet-based communications, pagers, cell phones, and text messaging.
MINNESOTA: Introduced new legislation into the State Senate that would require that all school districts in Minnesota expand their anti-bullying policies to address and respond to cyberbullying at the local level.
NEW JERSEY: New Jersey enacted an anti-bullying law that went into effect this past fall. The law requires school districts to implement anti-bullying policies and methods for responding to bullying and other forms of harassment.
OREGON: Has proposed a bill that would require all of the state's 198 school districts to adopt policies that prohibit cyberbullying.
PENNSYLVANIA: State Sen. Jane Orie, R-Bradford Woods has proposed a bill that would amend Title 18, the Crimes Code, to make that type of theft, re-publication, and cyber bullying a criminal offense. The other piece would amend the Public School Code to require school districts to adopt policies prohibiting the conduct.
SOUTH CAROLINA: Requires school districts to define bullying and outline policies and repercussions for the behavior, including cyberbullying. One school district there has proposed punishments from warnings up to expulsion for both traditional bullying and cyberbullying.
WASHINGTON: Requires each school district to adopt or amend if necessary a policy, that prohibits the harassment, intimidation, or bullying of any student, either verbally or electronically.
Twenty other states have began to investigate and construct proposals that address bullying and cyberbullying, but do not have official legislation drafted or pending.
It should be recognized that all the standards in the above legislation, except Washington State, fall under abuse on school property only. The question of what standards should be applied to off-campus speech is an issue that is currently under consideration by the Supreme Court in the case of Morse v. Fredricks. As of the writing of this document, this case has not yet been decided.
Washington State is the only legislation that proposes to extend punishment for cyberbullying that occurs off-campus, yet threatens a student and impairs his or her capacity to learn in school.
For more information on evolving legislation regarding cyberbullying and to find out what you can do to help your state adopt anti-cyberbullying legislation, check the following websites:
http://www.cyberbullying.us/
http://www.bullypolice.org/
http://www.cyberbully.org/
|