What is Cyberbullying in California?
The term cyberbullying is typically defined as repeated aggressive behavior in which a child or group of children get together and bully another child. Cyberbullying can occur on social media, through instant messages, over the phone, and through other forms of electronic communication. In such a digitally connected world, cyberbullying has become an increasingly prevalent problem.
Although cyberbullying can occur at any age, it is most common among adolescents, and it is a considerable problem in California middle schools and high schools. A 2016 survey by the Cyberbullying Research Center showed that about 34 percent of students aged 11 to 15 reported being the victim of cyberbullying, meaning a bullying incident that occurred online. While that number may be down slightly from the 2015 report of 40.6 percent, it is still a significant portion of the population. In addition, 12.9 percent of high schoolers and 18.4 percent of middle schoolers said they had experienced cyberbullying at some point during their lifetime, which are similar numbers to those in past years’ surveys.
The most common cyberbullying behaviors reported by students include:
Students also reported what communications usually take place during episodes of cyberbullying. This survey found that 52% of the time the communication was through text message, 49.2% occurred through social media, and 40.1% occurred over popular apps such as Snapchat or Instagram . The popularity of these apps among students is why they have especially high rates of cyberbullying.
The negative impacts of cyberbullying are well-known and documented. Victims of cyberbullying report falling behind on their schoolwork, experiencing depression and anxiety, and feeling isolated. Online abuse has a significant psychological impact on victims and can detrimentally affect their health. A 2014 study published by the Columbia University School of Nursing found that students who reported being victims of cyberbullying were at a high risk for suffering physical injuries, such as headaches, stomachaches, and dizziness. Researchers at the University of California Davis reported in a 2013 study that males who are bullied are more likely to be depressed and anxious, and more likely to smoke and abuse drugs and alcohol than their predecessors who do not experience bullying. Additionally, researchers at the Bolz Institute for Voice and Speech, the University of Nebraska Medical Center, the University of Nebraska-Lincoln, and the Yale University School of Medicine have found that children afflicted with bullying are at a higher risk of developing voice and speech disorders.
The modern need for cyberbullying legislation is a direct result of today’s digital age. While bullying behavior has always occurred throughout history, the rapid expansion of technology has allowed for a new medium where bullying can happen every day, 24 hours a day.
California Laws that Apply to Cyberbullying
In California, several state laws specifically address cyberbullying because the state has determined that bullying, harassment, and intimidation in online or electronic communications have a detrimental impact on students in the context of its public school system. Further, such conduct—when committed by non-students—harms members of the public within the meaning of Penal Code section 422.
Therefore, California Penal Code section 422.75 makes it a misdemeanor for any individual to "electronically distribute[] an audio or video recording, on at least two occasions, of a bullying related incident that occurred within a distance of 100 yards of a public or private elementary or secondary school, before, during, or within one hour after school hours or while on the property of the school." The provision defines "bullying related incident" to mean "any electronic communication, including, but not limited to, a social media posting, that targets an identifiable student or school personnel with the intent to subject that student or school personnel to hatred, contempt, or ridicule, in a manner so as to cause, or incite or perpetuate, bullying."
For purposes of applying this provision, an "identifiable student or school personnel" means "an individual or group whose electronic communication [is] directed toward identifiable students or school personnel, in a manner intended to be understood by those to whom the communication was directed as referring to those identifiable students or school personnel." Electronic distribution is "the act of presenting a message, including an audio or video recording, over the Internet or through any other digital means that is viewable online, meets the criteria of an identifiable student or school personnel, and is intended to be viewed by persons who are not part of the school." This law specifically exempts "[m]edia-based reporting or commentary" from its prohibitions as well as "[a]ny activity governed by the Federal Communications Act of 1934, as amended (47 U.S.C. Sec. 151, et seq.)."
Criminal and Civil Penalties for Cyberbullying
The legal consequences for cyberbullying in California can be severe, and range from criminal penalties to civil liabilities. Generally, cyberbullying can be prosecuted under either the California Code of Civil Procedure or the California Penal Code.
Criminal Charges
The California Penal Code Section 647 prohibits repeated, unwanted communication or surveillance. This could include unwanted contact via text message, email, or social media. It is a misdemeanor, punishable by up to six months in jail and/or a fine up to $1,000.
Civil Penalties
Under the California Code of Civil Procedure CCP §17200, victims of cyberbullying can sue the perpetrator for an injunction to stop the cyberbullying and possibly monetary damages. CCP § 527 can also be a useful tool in obtaining an injunction against a perpetrator. Depending on the severity of the action and the suffering of the victim, there may be significant damages awarded.
These civil liabilities can be very costly for the offender, especially if the action has caused significant harm to the victim’s reputation or state of mind. It’s possible that, after the cyberbullying has been stopped, that the victim would be eligible to receive an injunction to ensure that it doesn’t happen again.
Both criminal and civil penalties can cause significant problems for the offender. Cyberbullying can impact the offender’s education, career and reputation. Calling in a skilled law firm can help one determine if they qualify for the protections of the law.
How Schools Deal with Cyberbullying
California schools must have policies that prohibit harassment, intimidation and bullying. These antibullying policies are implemented by teachers and staff. Bullying can take many forms. Verbal bullying in the form of insults, teasing, belittling and name calling. Physical bullying by some kind of push or shove. Sexual harassment in the form of inappropriate touching, spreading rumors about someone’s sexual activity. And lastly cyber bullying – which is any bullying that takes place through online electronic means such as websites, cell phones, and social media.
Cyber bullying is particularly insidious because the bullying continues at home and at all hours – even while the bullying victim sleeps. And it is permanent. The bullying messages are around to be looked at over and over again. Replays of hurtful and humiliating messages occur in the victim’s mind over and over again.
Victims of cyber bullying are often invited to join facebook or other social media pages only to be rejected if they ask too many questions such as "who is this person" or to "take me off that page." Meanwhile, the bullying continues.
The California legislature recognized that schools now have an obligation to address cyberbullying and created Education Code section 48900(r).
48900(r) (r) A pupil may be suspended from school or recommended for expulsion if the pupil has used, attempted to use, or threatened to use force or violence upon another pupil, which creates a substantial danger of physical assault, or has seriously caused, attempted to cause, or threatened to cause physical injury to another pupil under either of the following circumstances: (1) Where it is not committed in self-defense. Example: Victim #1 and #2 in gym with teacher present. Victim #1 is working out and trying to lift weights. Victim #2 walks up behind and begins to poke Victim #1 in the back. Victim #1 turns around and punches Victim #2 in the face. School is responsible for Victim #2’s injuries. Student #1 assaulted victim. School is responsible for failing to protect the victims. (2) Where the victim’s injury would be serious but not fatal. Example: Victim #3 is in the cafeteria. Student #4 comes up from the side and spits on Victim #3. Student #4 then drops their food tray on Victim #3’s head and walks away. Victim # 3 suffers 15 stitches to the head. The school is responsible for Victim #3’s injuries. Many schools are currently addressing cyberbullying by running awareness campaigns on the subject. Some schools may have peer counseling groups. Counseling may also be available for students who are bullied. Anti-bullying counselors may talk to victims of bullying and give them strategies for addressing bullying if it occurs.
How to Report Cyberbullying and What Happens After
As in most other states, the first step to adequately addressing the issue of California cyberbullying involves documentation of the suspected behavior. Parents are encouraged to speak to their children about what constitutes cyberbullying, and what steps to take when they have been the victim of such behavior. If they decide to file a complaint with the school and/or the police, both students and parents should keep written notes about the cyberbullying events (dates, times, context behind comments, etc.), in order to provide an accurate portrayal of what occurred.
When cyberbullying occurs, there are a few options for victims and witnesses to choose from, depending on the severity of the offense. As a first step , victims and witnesses can contact the website or social media provider for the platform on which the behavior occurred. If website operators receive a complaint that includes the identity and contact information of the registered user who was responsible for the cyberbullying, these operators are required to respond in a timely manner by removing or disabling the offensive content. California law also requires these website operators to designate whom they should be contacted by to resolve complaints about unlawful activities, and require any person wishing to report such activities give their real name and address.
If the material involved in the bullying is threatening, obscene, or harassing, victims or witnesses can also file a complaint with law enforcement. Online tools are even available to help victims and witnesses provide information to local law enforcement about cybercrimes committed over the internet, specifically social media and email.
Resources for Victims of Cyberbullying
In addition to the legal remedies, there are other resources available for victims of cyberbullying. These resources can provide support and guidance on how to cope and take action against the perpetrator.
Counseling and Mental Health Services
Several organizations provide free or low-cost mental health support for individuals affected by cyberbullying. The Trevor Project, which provides crisis counseling for LGBTQ minors, also provides a live 24/7 helpline for youth who are the victims of bullying. There are also numerous resources available at Thomas’ Cyberbullying Research Center. It operates the nation’s largest database dedicated to collecting and studying the prevalence of cyberbullying among youth.
State Hotlines
As a victim or cyberbully, you may be able to seek help from state hotlines. California has a Cyberbullying Hotline that provides support and resources to victims of cyberbullying. Online or via phone, this line is open from 8:00 AM to 5:00 PM, Monday through Friday. If you are a parent of a minor who is being bullied, you can also contact the California Department of Education.
Legal Support Options
A victim of cyberbullying can contact a civil attorney to assist them in seeking legal action against the perpetrator(s). While many parents and victims do not want to pursue charges against a fellow student, they can seek a restraining order against the perpetrator to limit their actions.
How to Get Help for Cyberbullying
If you are the victim of cyberbullying, you should take the following steps:
Some schools impose strict anti-bullying policies. Even if your cyberbully is not a high school classmate, they still may be subject to disciplinary action under school policy.
Preventing Cyberbullying: What You Can Do
While it’s impossible to completely eradicate cyberbullying from the internet, there are steps that parents, educators, and communities can take to prevent and respond to cyberbullying incidents. Proactive education and intervention can help nip a potential cyberbullying campaign in the bud before it begins, protecting potential victims and offenders from the long-term consequences of perpetrating or suffering harassment online.
Education programs for students, parents, and teachers can build understanding and promote responsible behavior in regards to online communications. Cyberbullying prevention programs can range from a single class, assembly, or seminar to an entire course on safe internet use and the psychology underlying social media interactions.
Raising awareness about cyberbullying is a crucial part of prevention. Some schools or districts may implement awareness campaigns, either as part of an internet safety program or as a standalone project. The success of awareness campaigns depends on parents, teachers, and students. Teachers can steer conversations during homeroom or health class to the topic of online safety, posting posters and infographics in hallways, libraries, and computer labs, and encouraging students to take an active part in promoting a positive online culture through social media and student-led initiatives.
Parents should monitor their children’s computer, tablet, and telephone use, teaching them the importance of self-monitoring and responsible communication . The more we educate our children on how to avoid dangerous or harmful situations online, the more likely it becomes that they will be able to navigate their digital world independently, without intentionally or unintentionally promoting or participating in online harassment.
When cyberbullying does occur, immediate intervention can break the cycle of abuse long before suspension or expulsion becomes necessary. Many educators, school counselors, and parents concerned about their child’s cyberbullying behavior may hesitate to get involved out of fear that their child will simply move on to another form of harassment with little intervention. However, a recent study published in the International Journal of Environmental Research and Public Health concluded that early intervention may stop problem behavior before the situation escalates and the perpetrator engages in more seriously delinquent behaviors, such as theft, vandalism, violence, and substance use.
Creating a safe environment for students to report and discuss cyberbullying incidents and the impact it has had on their emotional well-being can help schools nip potentially harmful behavior in the bud. Encourage students to communicate with trusted faculty or staff members when they feel uncomfortable.
Restrictions on internet access, curfews on computer and smartphone use, and a clear understanding between parent and child on what is acceptable and unacceptable online behavior can help prevent cyberbullying entirely.