All of us know from experience that kids can be insensitive and, at times, even cruel. Maybe we’ve experienced this on the receiving end at the hands of a school bully, or perhaps you, in one of your lesser moments, were the bully.
Bullying has long been present in the lives of young people, but since the world of YouTube, Facebook and Twitter has been integrated into our lives, bullying has taken on new meanings and gained an entirely new audience. The bully that used to target their victim after football practice in the recesses of a mostly vacant locker room now sets his sights on a target in the full view of anyone with a Facebook account.
As the nature of bullying has been changed by the internet, so have our laws. More specifically, existing laws have been adapted and interpreted in a way that brings cyberbullying under the umbrella of more conventional forms of harassment.
How is Cyberbullying Addressed?
When a young person is the target of bullying, it is typically first addressed through the school system. An employee of a school or the school board might file a report with the principal, who then notifies parents or guardians. If the bullying in question involves threats to a student’s safety, then an agency will be contacted and the matter will be investigated.
Depending on the nature of the threat (for example, does it imply violence or aggression toward the recipient?), the matter may also be dealt with by authorities. In that sense, cyberbullying is addressed by laws that cover harassment communications.
One of the relevant statutes in Kentucky law is KRS 525.080, which says:
A person is guilty of harassing communications when, with intent to intimidate,
harass, annoy, or alarm another person, he or she:(a) Communicates with a person, anonymously or otherwise, by telephone,
telegraph, mail, or any other form of electronic or written communication in a
manner which causes annoyance or alarm and serves no purpose of legitimate
communication;(b) Makes a telephone call, whether or not conversation ensues, with no purpose
of legitimate communication; or(c) Communicates, while enrolled as a student in a local school district, with or
about another school student, anonymously or otherwise, by telephone, the
Internet, telegraph, mail, or any other form of electronic or written
communication in a manner which a reasonable person under the
circumstances should know would cause the other student to suffer fear of
physical harm, intimidation, humiliation, or embarrassment and which serves
no purpose of legitimate communication.
A harassment communication charge is considered a Class B misdemeanor in Kentucky. A Class B misdemeanor could result in a $250 fine and/or imprisonment of up to 90 days.
Why Cyberbullying Isn’t Always Clearly Defined
Actions that constitute cyberbullying are not always entirely clear. If a direct threat is made to someone’s safety, then it’s clear. But the language used to define less concrete forms of bullying are more open to interpretation. For example, stopbullying.gov, a website run by the U.S. Department of Health & Human Services, says that cyberbullying includes “mean text messages or emails, rumors sent by email or posted on social networking sites, and embarrassing pictures, videos, websites, or fake profiles.”
The word that makes that definition open to interpretation is “mean.” People might disagree over whether a post or text message is mean or just in poor taste. The way in which a post or message is interpreted by the recipient could play a role in its classification as bullying. While one student might be deeply offended by a slam on social media, another might be more prone to brush it off and take it as a joke.
No one wants their child or loved ones to be a target of an aggressor. Cyberbullying represents a unique form of intimidation because, unlike more traditional forms of bullying, it is often done in a public forum and can occur at any time. It’s a major problem for many young people, and it is a threat that can be addressed by a wide range of individuals and institutions.
While initial disciplinary measures might be taken in schools, the efforts to stop bullying can also involve police departments or other law enforcement agencies. Stopping cyberbullying requires the involvement of these institutions, but it also requires involvement by parents and young people.
