Legal Matters

Are There Laws Against Cyberbullying?

Cyberbullying is bullying that takes place over digital devices like cell phones and computers. It includes sending, posting, or sharing negative, harmful, false, or mean content about someone else in order to harass or embarrass them. The results of cyberbullying can be tragic, as some victims are so distressed that they take their own lives.

Let’s start with the obvious: bullying of any sort is morally and ethically wrong. But is it against the law? There are no federal laws against cyberbullying, but there are federal laws that can be used to prosecute bullies. And every state has laws against bullying, including many that are specific to cyberbullying.

What should you do if your child is being cyberbullied? Consult local law enforcement to determine any available legal remedies. Additionally, the Cyberbullying Research Center suggests:

  1. Make sure your child is (and feels) safe. Protecting your child is the highest priority. Let them know they have your complete support.
  2. Talk with and listen to your child. Talk calmly with your child to learn what happened. Do not minimize what was done.
  3. Collect evidence. Keep a record of any and all incidents to assist in the investigative process. That may mean screenshots, recordings and other documentation. Also, keep notes on relevant details like location, frequency, severity of harm, third-party involvement or witnesses, and any backstory.
  4. Work with the school. All U.S. schools have an anti-bullying policy, and most cover cyberbullying. If your child and the bully attend the same school, get administrators involved. Your child has the right to feel safe at school.
  5. Refrain from contacting the bully’s parents. They may become defensive or even aggressive.
  6. Contact the platform on which your child was bullied. Cyberbullying violates the Terms of Service of all legitimate service providers (websites, apps, gaming networks, Internet or cell phone companies). Report it even if your child is not sure who the bully is. An updated list of contact information can be found here: cyberbullying.org/report.
  7. When appropriate, seek counseling. Your child may benefit from speaking with a mental health professional. Children may prefer to talk with a third party who may be perceived as more objective.
  8. If the bullying is based on race, sex, or disability, contact the office of civil rights. The U.S. Department of Education takes these cases very seriously especially if children are limited or restricted in their ability to learn and thrive at school because of discrimination.
  9. Contact the police when physical threats are involved. Most states have laws related to online threats, and law enforcement can assist in these cases either informally or formally. If your local department is not helpful, contact county or state law enforcement officials, as they often have more resources and expertise in technology-related offenses.
  10. Take steps to prevent it from reoccurring. If your child is being bullied through social media (YouTube, Instagram, Snapchat, Twitter, etc.), set up privacy controls within each platform to block the person doing the bullying from contacting them, and file a report with the service (see #6). Also encourage them to keep talking to you before small issues flare up into major situations.