Following a post by Audrey Blake about cyber bullying, I’ve found myself thinking about many of the issues she raised, and I’ve been particularly curious about what can be done to stop and regulate the issue. Audrey posted a link to the Megan Meier foundation, and as I read through Megan’s tragic story, I was struck by the numerous issues that arise as we try to prosecute people for cyber bullying. I think it is easy to agree that something should be done, but I wonder how we deal with the complications of legal and social elements that are tied with this bullying. And things are further complicated as more than just students are becoming involved with this very negative treatment.
Megan’s
story highlights how difficult it is to prosecute someone who is acting online,
and it raises questions about how we criminalize what we do online. Megan’s
suicide was prompted by her friend (with her friend’s parents!) creating a
false MySpace account and using it to create a false identity to find out
information about Megan and to bully her. The issue with the case was that even
after the suicide, how can a link be made with online and offline actions and
to prove that the online actions were actually what caused Megan’s death? I was
glad to hear that, “In May [2007], a federal grand jury in Los Angeles, where
MySpace.com has its headquarters, indicted Drew [Megan’s friend’s mother] on
charges of accessing protected computers without authorization to obtain
information to inflict emotional distress — in other words, violating MySpace’s
terms of use by faking an identity.”
I firmly
believe that our actions online must both be treated and prosecuted to the same
extent as any action we do offline. But the legal technicalities are still very
tricky. After having done more research on story, local prosecutors originally
concluded that there was no law addressing Drew’s behavior, and they declined
to press charges for her role in Megan’s suicide. But thankfully a court was
able to convict Drew on some charge rather than letting her go completely free.
Growing
up, I definitely heard about the issue of cyber bullying, although it was something
that I never really thought applied to me. School officials had stated that
they would not tolerate it, and I remember hearing about different schools
throughout the country taking steps to act against the demoralizing effects of
this bullying. But I wonder how much we need to regulate through policy and how
much should be raising awareness of the very real effects of the bullying. I
think it is vital to emphasize that although the bullying is not happening face
to face, the effects can still be life changing and just as damaging as
physical violence. And maybe these psychological effects are even more demoralizing
and vicious.
I believe
that more than just students, their parents or school officials must understand
the very horrible effects of these actions. Through raising awareness of the
very real effects of digital bullying, we can help prevent many of these cases. And
I was glad to see that there are means of doing this, such as the ABC family
movie Audrey mentions. But I think we also need to ensure that the law is able
to deal with the after effects, and that there is policy that is in place when
cyberbullying does occur. Although Megan’s bullies were eventually convicted of some crime, I
think there should be clearer rules to persecute these online crimes for the actual crime they commit. Identity
should not change, no matter where crime is committed, and cyberbullying is no
exception. Every state needs clearer laws to address this situation (and every state doesn't have them!), and we
need to continue to raise awareness on the issue for more than just school age
children. I do believe that even those of us without our own children (or
siblings) who might be cyberbullied have a duty to help make the internet a
safer place for everyone.
I'm not sure how we get from changing public opinions "School officials had stated that they would not tolerate it... " to having a well-defined enforcable law.
ReplyDeleteI would agree that if there is a law already on the books for the 'physical world', there ought to be enforcement of the analogous condition in the 'digital world'. For example, in the case of the MySpace bullying incident, the perpetrators were held to the law against unauthorized entry and inflicting distress. Perhaps they could also have used laws against impersonation, defamation and slander?
What when you suggest "there ought to be a law", what does a law against cyber bullying really mean? Does that include electronic petition drives?
Suppose you defined it as: "public ridicule though electronic means". You'd have more difficulty enforcing this than a newspaper, where people could understand that "everyone could have read it". In the case of a digital forum, because how would you define the "amount of harm". By how many 'friends' saw the distressing message? And while I love g+, some smart lawyer could claim that there should be fewer damages for slander through g+ than though facebook (10 times to be exact as of today). Also complicating matters is that electronic forums seem not to be divulging the internal transactions of their service without a warrant. So how do you measure it.
Perhaps convention is more expeditious then law in this case: every forum should have a clear and actionable anti-harassment policy.