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Cyberbullying is defined by Sameer Hinduja and Justin Patchin as "willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices." [21] Cyberbullying can occur 24 hours a day, seven days a week. [22] In August 2008, the California State Legislature passed a law directly related with cyber-bullying ...
Lawyers pursuing cyberbullying cases use the Ordinance on Victimization at Work law, since there are not any laws specifically condemning cyberbullying. [152] In 1993, Sweden was the first European Union country to have a law against cyberbullying.
This is equally true when dealing with cyberbullying. Particularly in instances where there are no laws explicitly against cyberbullying, it is not uncommon for defendants to argue that their conduct amounts to an exercise of their freedom of speech. The courts have variously come down on either side of that debate, even within the same state.
The law made cyberbullying a misdemeanor offense punishable by up to one year in jail with a $1000 fine. One month after the law went into effect, the defendant Marquan M., a 16-year-old high school student, created a Facebook page under a pseudonym where he posted photos of classmates accompanied by descriptions of their alleged sexual ...
In the United Kingdom, there is no legal definition of the term "bullying", [15] while some states in the United States currently have laws specifically against it. [16] Bullying is divided into four basic types of abuse: psychological (sometimes referred to as "emotional" or "relational"), verbal, physical, and cyber (or "electronic"), though ...
Law professor Mary Anne Franks, whose focus is cyberbullying, wrote: "The court ignores the reality that many stalkers fervently believe that their actions are or should be welcomed by their victims; indeed, the court's holding means that the more delusional the stalker, the more the stalking is protected."
However, cyberstalking is a form of cyberbullying. [34] Cyberstalking is a federal crime in the United States as part of the Violence Against Women Act of 2005. This law was amended in 2013 to include stalking over the Internet and by telephone and introduces penalties of up to five years in prison and a 250 000 USD fine. [35]
The point overlooked is that enforcing these laws can be a challenge in these virtual communities. The reason being, these issues are unfamiliar to law enforcement agencies who have never faced cases related to cyberstalking. [40] In the United States, for example, nearly every state has laws that address cyberstalking, cyberbullying, or both. [41]