The Cyber Bully and its Victim
One might think that cyber bullying is something that occurs only in middle and high schools throughout the country. Shockingly, the harassment sometimes continues into young adulthood, as some college-age persons play the role of the playground bully. In a high-profile case, 18-year-old Rutgers University student Tyler Clementi leapt to his death off the George Washington Bridge after his roommate secretly used a webcam to spy on him during a private encounter with another man and then posted about it on social media. Two undergraduates, Dharun Ravi and Molly Wei, were charged with invasion of privacy. Ravi was later indicted on 15 counts, including bias intimidation — a hate-crime charge. Cyber bullies who choose their victims based on sexual orientation, religion, race, etc. can face hate-crime charges, potentially much more serious than invasion of privacy alone.The Ugly Methods of Cyber Bullying
The Clementi case is just one example of the gravely serious consequences of cyber bullying. Cyber bullying is broadly defined as 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 digital technologies, or mobile phones. Adult involvement usually opens the door to other issues, like cyber harassment or cyber stalking. It can occur in a variety of mediums, including social networking websites like Facebook and Twitter, video-sharing sites such as YouTube, through instant messaging, or via text messaging on a cell phone. As young Americans have wholeheartedly embraced social media, the prevalence of cyber bullying is perhaps unsurprising: estimates of the number of youths who experience cyber bullying range anywhere from 10 percent to 40 percent or more.New York and Federal Law on Cyber Bullying
With the level of concern over cyber bullying on the rise, many are wondering what lawmakers are doing to combat the problem. In New York, the Dignity for All Students Act (DASA), signed by Governor David Paterson in September 2010 and effective July 1, 2012, prohibits harassment, bullying, and discrimination in public schools. An amendment signed in 2012 and effective July 1, 2013, specifically added cyberbullying to the law's definition of harassment and bullying. While New York has addressed the issue through DASA, other states have enacted criminal statutes as well. In Connecticut, it is a misdemeanor when a person acts "with intent to harass, terrorize or alarm another person" to "communicate with a person...by computer network...in a manner likely to cause terror, intimidation or alarm" under Connecticut General Statutes § 53a-183. Federal lawmakers have also taken action; the Megan Meier Cyberbullying Prevention Act was introduced in the U.S. House of Representatives, targeting severe, repeated, and hostile electronic communications. However, even beyond specific cyber bullying legislation, victims and parents in New York are not without options. Many traditional torts and criminal statutes can and have been used against cyber bullies. Causes of action such as harassment, defamation, or even wrongful death may be available for use against the cyber bully, their parents, or a school or other responsible supervisor depending upon the facts of a particular incident. As in the Clementi case, prosecutors also may be able to charge for invasion of privacy or hate crimes. The best way to find out what causes of action may be available if your child has been a victim is to contact an attorney.What You Should Do About Cyber Bullying
Adults have a critical role to play in stopping cyber bullies. Prevention is a powerful strategy, and teaching kids that cyber bullying is not acceptable is a prudent first step. But, when bullying has already occurred, stepping in is essential. Victims and their parents should contact an experienced New York personal injury attorney. Bullying cases are difficult to successfully pursue unless the child has experienced serious physical or documented psychological trauma as a result of traditional or cyber bullying; in these cases, financial compensation may be in order. Perhaps more importantly, a knowledgeable attorney can help parents send a strong message of zero tolerance to bullies that can save other children from similar ordeals in the future.Sources
- New York State Dignity for All Students Act (DASA) - NY State Education Dept.
- Connecticut General Statutes § 53a-183 - Harassment in the Second Degree
- H.R.1966 - Megan Meier Cyberbullying Prevention Act - Congress.gov
- Connecticut Anti-Bullying Laws & Policies - StopBullying.gov
- New York Anti-Bullying Laws & Policies - StopBullying.gov



