Cyberbullying Law

Cyberbullying is the first pandemic of the twenty-first century. No country has escaped this phenomenon since the Internet became mainstream and litigation commenced in the 1990s. In fact, 2020 even witnessed cyber-abuse related to the novel coronavirus (COVID-19) as well as race relations and protests.

Cyberbullying Law presents cases, comments, and legal research for attorneys, judges, and anyone interested in the rights and responsibilities of those involved in cyber abuse or harassment. Due to the ubiquity of all things digital, litigants invariably become enmeshed in electronic communication. This may lead to petitions for orders of protection or sua sponte orders from the bench regarding communication among parties, victims, and witnesses.

Practitioners in civil and criminal courts, or family and juvenile courts regularly confront instances of cyber abuse, whether constituting harassment, intimidation, stalking or threats. First Amendment protections are not absolute, although often claimed as a defense in many of these cases. Sexting, revenge pornography, and defamation are subjects of litigation across the country. Wrongful death lawsuits ("bullycide") have been filed against youthful bullies and their parents. Employment law also sees its share of cyberbullying involving employees and management. Title VII of the Civil Rights Act of 1964 is often the basis of a legal action for discrimination at work or wrongful termination. School districts face lawsuits alleging negligent handling of reports of bullying or "deliberate indifference" to reported incidents, based on Title IX of the Education Amendments of 1972.

To effectively represent a client, argue a case before a trial or appellate court, or simply play a video game with a family member, knowledge of cyberbullying and its consequences is essential.