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Cyberbullying

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Full-Text Articles in Law

The Eyes Beyond The Screen: Digital Media Policy And Child Health, Yahia Al-Qudah Sep 2023

The Eyes Beyond The Screen: Digital Media Policy And Child Health, Yahia Al-Qudah

Research Symposium

Background: Modern communication technology and digital media have provided society with a foundation for instant messaging. Pictures, videos, and texts connect individuals with families, friends, and the world. Consequently, digital media has accelerated exposure to risk in which children and adolescents are most vulnerable. This project’s objective is to 1) congregate and highlight current knowledge about the impact of digital media on child health, and 2) underline deficiencies in related laws and regulations as well as offer solutions in digital media policy.

Methods: A systematic literature review was conducted through the JAMA Pediatrics database with keywords such as “digital media,” …


Criminalizing Cyberbullying With A Special Law, Nawfal Ali Abdullah Al-Safo, Marivan Mustafa Rashid Feb 2023

Criminalizing Cyberbullying With A Special Law, Nawfal Ali Abdullah Al-Safo, Marivan Mustafa Rashid

Journal of STEPS for Humanities and Social Sciences

The crime of cyberbullying has recently spread markedly, with the bully using websites such as social media sites, talk forums, blogs, etc., to pass intentional and strongly worded negative messages to gain, insult, wound, and even fling... etc., to distort the image of the receiving individual and harm him and his psyche amounting to depression and suicide to get rid of the bully. So many countries seek to control and reduce this grave crime against members of society by enacting laws and creating bullies. Cyberbullying, trying to raise sis to raise society's awareness of this crime and its dangers and …


Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors, Jill Rodrigues Feb 2023

Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.


Comparing Western Australia And South Australia Public High School’S Cyberbullying Policies – Is There A Need For A Legislative Change, Vanessa Tay Jan 2023

Comparing Western Australia And South Australia Public High School’S Cyberbullying Policies – Is There A Need For A Legislative Change, Vanessa Tay

Theses: Doctorates and Masters

The internet provides some of the most effective means of communication. Cyberbullying occurs when the internet is used to bully another person. Along with the positive aspects of the internet, cyberbullying is certainly one of the most negative aspects, especially with regard to school students. Victims of cyberbullying may be able to obtain legal sanctions, however, this usually occurs after the harm is done. In Australia, some states such as South Australia have recognised the need for preventive strategies by requiring schools to have an anti-bullying plan in place. Other countries, like Ontario, Canada have implemented similar preventative strategies in …


Cyberbullying And Anti-Bullying Laws, Sydney A. Vaughn Jan 2020

Cyberbullying And Anti-Bullying Laws, Sydney A. Vaughn

Criminology Student Work

Over the years, the number of social network platforms have drastically increased and changed the way individuals interact with one another. The purpose of this paper is to develop a better understanding of cyberbullying and the anti-bullying laws that have been created. The information gathered identifies thirteen key components when developing an effective antibullying law, policy, or regulation. In this paper, the anti-bullying laws for Massachusetts and Wisconsin are compared and contrasted to highlight the subtle impactful but differences. One of the largest school districts in the Commonwealth, Boston Public Schools, created a bullying prevention and intervention plan that successfully …


Cyberbullying: School Administrators' Perceptions Of Law And Prevalence, And Their Roles In Prevention, Intervention And Discipline, Suzan Gragg Denby Jan 2020

Cyberbullying: School Administrators' Perceptions Of Law And Prevalence, And Their Roles In Prevention, Intervention And Discipline, Suzan Gragg Denby

Theses and Dissertations

This study was aimed at investigating secondary school administrators’ experiences with and their perceptions of cyberbullying, as well as their intervention and prevention procedures. As technology has become ubiquitous in our society, students’ use has increased and impacted the school environment. Given the potential for cyberbullying and the negative effects of such, schools harbor the responsibility to prevent and intervene in such occurrences. This can be a tricky process.

This study included 12 administrators of secondary schools across eight school divisions in Virginia. Through an interview process, administrators spoke of their experiences with technology and cyberbullying incidents, and how they …


A Call Of Duty To Counterstrike: Cyberharassment And The Toxic Gaming Culture Plaguing Female Gamers And Developers, Natasha N. Phidd Apr 2019

A Call Of Duty To Counterstrike: Cyberharassment And The Toxic Gaming Culture Plaguing Female Gamers And Developers, Natasha N. Phidd

William & Mary Journal of Race, Gender, and Social Justice

The frequency with which female gamers and game developers experience sexual harassment and threats of violence online is significant enough to warrant concern about a section of our society— female gamers and game developers—having their sexuality and gender identity used against them, both as weapons and as barriers blocking them from access to a lucrative economic venture. An examination of the 2014 Gamergate controversy and various other instances of cyberharassment against female gamers and developers, as well as a look into the realm of eSports and an analysis of cyberharassment and the concept of true threats, indicate that this particular …


Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick Jan 2019

Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick

Faculty Publications

In the United States, there are now two systems to adjudicate disputes about harmful speech. The first is older and more established: the legal system in which judges apply constitutional law to limit tort claims alleging injuries caused by speech. The second is newer and less familiar: the content-moderation system in which platforms like Facebook implement the rules that govern online speech. These platforms are not bound by the First Amendment. But, as it turns out, they rely on many of the tools used by courts to resolve tensions between regulating harmful speech and preserving free expression—particularly the entangled concepts …


#I U: Considering The Context Of Online Threats, Lyrissa Lidsky Dec 2018

#I U: Considering The Context Of Online Threats, Lyrissa Lidsky

Faculty Publications

The United States Supreme Court has failed to grapple with the unique interpretive difficulties presented by social media threats cases. Social media make hateful and threatening speech more common but also magnify the potential for a speaker's innocent words to be misunderstood People speak differently on different social media platforms, and architecturalf eatures ofplatforms, such as character limits, affect the meaning of speech. The same is true of other contextual clues unique to social media, such as gifs, hashtags, and emojis. Only by understanding social media contexts can legal decision-makers avoid overcriminalization of speech protected by the First Amendment. This …


Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden Jan 2018

Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden

Fordham Intellectual Property, Media and Entertainment Law Journal

Tinker v. Des Moines Independent Community School District, the seminal school speech case interpreting the First Amendment to the U.S. Constitution, was decided by the U.S. Supreme Court long before mobile devices and social media upended accepted norms governing how students behave at school. The new reality has brought with it new line-drawing challenges for public schools faced with the warring requirements of school discipline on the one hand, and the First Amendment on the other. The threshold unanswered question this Article presents is whether Tinker should give jurisdiction to public schools over student speech which originates off campus. …


#I🔫U: Considering The Context Of Online Threats, Lyrissa Barnett Lidsky, Linda Riedemann Norbutt Jan 2018

#I🔫U: Considering The Context Of Online Threats, Lyrissa Barnett Lidsky, Linda Riedemann Norbutt

UF Law Faculty Publications

The United States Supreme Court has failed to grapple with the unique interpretive difficulties presented by social media threats cases. Social media make hateful and threatening speech more common but also magnify the potential for a speaker's innocent words to be misunderstood People speak differently on different social media platforms, and architectural features of platforms, such as character limits, affect the meaning of speech. The same is true of other contextual clues unique to social media, such as gifs, hashtags, and emojis. Only by understanding social media contexts can legal decision-makers avoid overcriminalization of speech protected by the First Amendment. …


Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney Jan 2018

Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney

Articles, Book Chapters, & Popular Press

Do laws criminalizing online harassment and cyberbullying "chill" online speech? Critics often argue that they do. However, this article discusses findings from a new empirical legal study that suggests, counter-intuitively, that while such legal interventions likely have some dampening effect, they may also facilitate and encourage more speech, expression, and sharing by those who are most often the targets of online harassment: women. Relevant findings on this point from this first-of-its-kind study are set out and discussed along with their implications.


Anti-Bullying Policies And Disparities In Bullying: A State-Level Analysis, Angela Onwuachi-Willig, Mark Hatzenbuehler, Javier Flores, Joesph Cavanaugh Aug 2017

Anti-Bullying Policies And Disparities In Bullying: A State-Level Analysis, Angela Onwuachi-Willig, Mark Hatzenbuehler, Javier Flores, Joesph Cavanaugh

Faculty Scholarship

Recent research suggests that anti-bullying laws may be effective in reducing risk of bullying victimization among youth, but no research has determined whether these laws are also effective in reducing disparities in bullying. The aim of this paper was to evaluate the effectiveness of anti-bullying legislation in reducing disparities in sex- and weight-based bullying and cyberbullying victimization.


Cyberbullying Beyond The School-Gate: Does Every Student Deserve A National Standard Of Protection, Carolyn Mcnamara May 2017

Cyberbullying Beyond The School-Gate: Does Every Student Deserve A National Standard Of Protection, Carolyn Mcnamara

Hofstra Law Review

No abstract provided.


Cyberbullying, K-12 Public Schools, And The 1st Amendment, Jennifer A. Mezzina Mar 2017

Cyberbullying, K-12 Public Schools, And The 1st Amendment, Jennifer A. Mezzina

Seton Hall University Dissertations and Theses (ETDs)

The first amendment protected students’ first amendment rights in K-12 public schools; however, state antibullying legislation required school officials to discipline students for bullying and, in most states, cyberbullying as well. An increasing number of students had access to mobile devices at home and during the school day. School officials had the responsibility to protect students from instances of bullying and cyberbullying; however, school officials did not fully understand the extent of their authority to discipline students for acts of bullying that occurred online, off school grounds. Despite the existence of state antibullying laws in all fifty states, contradictory appellate …


Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman Mar 2017

Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman

University of Miami Law Review

This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a pre-Internet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. Second, I argue that a campus presence requirement for regulating any kind of off-campus cyberspeech never really existed, so any suggestion to the contrary …


Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman Jan 2017

Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman

Articles & Chapters

This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a preinternet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. If it existed then, it should adapt to today’s realities. Second, I argue that a campus presence requirement for regulating any kind of off-campus …


The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian Jan 2017

The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian

Loyola of Los Angeles Law Review

No abstract provided.


The Problem Of Unwanted Online Publication And Use Of Images Of Children And Young People : A Legal Challenge, Anna Bunn Jan 2017

The Problem Of Unwanted Online Publication And Use Of Images Of Children And Young People : A Legal Challenge, Anna Bunn

Theses

The online publication of images of children and their subsequent use has the potential to cause harm to a child who is a subject of such an image. Indeed, the publication and distribution of photographs or video clips has been found to be one of the most impactful forms of bullying.1 Even outside a cyberbullying context, however, this thesis argues that two important aspects of a child’s social and emotional development — namely their selfesteem and the development of relationships — can be harmed by the unwanted online publication or subsequent use of an image of that child. In particular, …


Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney Jan 2017

Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney

Articles, Book Chapters, & Popular Press

Do laws criminalizing online harassment and cyberbullying "chill" online speech? Critics often argue that they do. However, this article discusses findings from a new empirical legal study that suggests, counter-intuitively, that while such legal interventions likely have some dampening effect, they may also facilitate and encourage more speech, expression, and sharing by those who are most often the targets of online harassment: women. Relevant findings on this point from this first-of-its-kind study are set out and discussed along with their implications.


#Stopimmunizing: Why Social Networking Platform Liability Is Necessary To Provide Adequate Redress For Victims Of Cyberbullying, Michael S. Isselin Jan 2017

#Stopimmunizing: Why Social Networking Platform Liability Is Necessary To Provide Adequate Redress For Victims Of Cyberbullying, Michael S. Isselin

NYLS Law Review

No abstract provided.


Differentiating Cyberbullies And Internet Trolls By Personality Characteristics And Self-Esteem, Lauren A. Zezulka, Kathryn C. Seigfried-Spellar Sep 2016

Differentiating Cyberbullies And Internet Trolls By Personality Characteristics And Self-Esteem, Lauren A. Zezulka, Kathryn C. Seigfried-Spellar

Journal of Digital Forensics, Security and Law

Cyberbullying and internet trolling are both forms of online aggression or cyberharassment; however, research has yet to assess the prevalence of these behaviors in relationship to one another. In addition, the current study was the first to investigate whether individual differences and self-esteem discerned between self-reported cyberbullies and/or internet trolls (i.e., Never engaged in either, Cyberbully-only, Troll-only, Both Cyberbully and Troll). Of 308 respondents solicited from Mechanical Turk, 70 engaged in cyberbullying behaviors, 20 engaged in only trolling behaviors, 129 self-reported both behaviors, and 89 self-reported neither behavior. Results yielded low self-esteem, low conscientiousness, and low internal moral values for …


Cyberbulling - When Does A School Authority's Liability In Tort End?, Robert Pelletier, Boris Handal, Jessica Khalil, Tryon Franicis May 2016

Cyberbulling - When Does A School Authority's Liability In Tort End?, Robert Pelletier, Boris Handal, Jessica Khalil, Tryon Franicis

Boris Handal

Cyberbullying in schools is increasing on an alarming rate. The development of the Internet and smartphone technology have increased the potential scope of a school authority’s duty of care for its students. A question frequently asked by educators is “Where does a school authority’s duty of care end in the interconnected, 24/7 world of the Internet?” This paper argues that a duty of care will be owed where the school is in a school/student relationship with its students. That relationship can exist outside the school gates and outside of school hours.

There are no decisions of senior appellate courts that …


Expanding The Schoolhouse Gate: Public Schools (K-12) And The Regulation Of Cyberbullying, Philip Lee Jan 2016

Expanding The Schoolhouse Gate: Public Schools (K-12) And The Regulation Of Cyberbullying, Philip Lee

Journal Articles

Cyberbullying has received increasing societal attention in the aftermath of the tragic suicides of some of its youngest and most vulnerable victims — 15-year-old Phoebe Prince from Massachusetts, 13-year-old Ryan Halligan from Vermont, 12-year-old Sarah Lynn Butler from Arkansas, 15-year-old Grace McComas from Maryland, and 12-year-old Rebecca Ann Sedwick from Florida.

In this Article, I hope to provide states and their schools better guidance on how to effectively regulate cyberbullying that originates off campus. Specifically, I aim to make four unique contributions to the conversation.

First and foremost, I argue that cyberbullying is so harmful in and of itself that …


Expanding The Schoolhouse Gate: Public Schools (K-12) And The Regulation Of Cyberbullying, Philip Lee Jan 2016

Expanding The Schoolhouse Gate: Public Schools (K-12) And The Regulation Of Cyberbullying, Philip Lee

Faculty Publications

(Excerpt)

In a tragic case that received international attention, 15-year-old Phoebe Prince killed herself after being bullied—both physically and online—by some of her classmates. Phoebe had moved to Massachusetts from a small town in Ireland, enrolling as a freshman at South Hadley High School. After a brief relationship with a popular boy in the senior class, the taunting by her classmates began. Some students called her an “Irish slut” and a “whore,” knocked things out of her hands, and sent her threatening texts. Some of the students used Facebook and Twitter to speak badly about her. Phoebe suffered this treatment …


Evading The Schoolhouse Gate: Public Schools (K-12) And The Regulation Of Cyberbullying, Philip Lee Jan 2016

Evading The Schoolhouse Gate: Public Schools (K-12) And The Regulation Of Cyberbullying, Philip Lee

Utah Law Review

Cyberbullying has received increasing societal attention in the aftermath of the tragic suicides of some of its youngest and most vulnerable victims. In this Article, I have argued that cyberbullying is so harmful, in and of itself, that it should be afforded diminished First Amendment protections. I have also advocated for a narrow definition of cyberbullying that incorporates the three elements of the prevailing social scientists’ definition of “bullying” as it relates to cyberbullying: (1) intent to harm; (2) repetition; and (3) power imbalance between cyberbully and victim.


Why Confronting The Internet’S Dark Side?, Raphael Cohen-Almagor Oct 2015

Why Confronting The Internet’S Dark Side?, Raphael Cohen-Almagor

raphael cohen-almagor

Raphael Cohen-Almagor, the author of Confronting the Internet's Dark Side, explains his motivation for exploring the dangerous side of the world wide web. This new book is the first comprehensive book on social responsibility on the Internet.


Confronting The Internet's Dark Side: Moral And Social Responsibility On The Free Highway, Raphael Cohen-Almagor Jul 2015

Confronting The Internet's Dark Side: Moral And Social Responsibility On The Free Highway, Raphael Cohen-Almagor

raphael cohen-almagor

This book focuses on the tension between Free Speech fundamentalism and Social Responsibility at the individual, corporate, and nation-state level. It brings an international perspective to the central topics (child pornography, hate speech, suicidal and homicidal enablers, cybercrime and terrorism). The central philosophical argument of this book is the Promotional Approach, which the author sees as a kind of Golden Mean between Ronald Dworkin and Joseph Raz. The book utilizes the Aristotelian doctrine of the mean to endorse the kind of practical wisdom required to make choices between freedom and security, unlimited license and moral responsibility. It argues that this …


Death By Bullying: A Comparative Culpability Proposal, Audrey Rogers May 2015

Death By Bullying: A Comparative Culpability Proposal, Audrey Rogers

Pace Law Review

This article explores the possibility and advisability of imposing homicide charges against bullies, a controversial approach because of the serious causation questions it poses. Nonetheless, there is precedent for holding a person criminally culpable for a victim’s suicide. A notorious case involved the head of the Ku Klux Klan who was convicted of murder after the woman he raped killed herself by swallowing poison, “distracted by pain and shame so inflicted upon her.” Some may see her shame as analogous to gay teens who commit suicide after being bullied about their sexual orientation. But perhaps the law should not demand …


Communication In Cyberspace, Nancy Leong, Joanne Morando Jan 2015

Communication In Cyberspace, Nancy Leong, Joanne Morando

Sturm College of Law: Faculty Scholarship

This Article examines a problem in cybercrime law that is both persistent and pervasive. What counts as “communication” on the Internet? Defining the term is particularly important for crimes such as cyberstalking, cyberharassment, and cyberbullying, where most statutes require a showing that the alleged perpetrator “communicated” with the victim or impose a similar requirement through slightly different language.

This Article takes up the important task of defining communication. As a foundation to our discussion, we provide the first comprehensive survey of state statutes and case law relating to cyberstalking, cyberharassment, and cyberbullying. We then examine the realities of the way …