What is Cyberbullying?
Cyberbullying is defined as the repeated harassment, humiliation, and embarrassment of another person through digital means, such as text messaging, social media or email. The behavior is intentional and malicious and is often carried out by children or teens who are believed to be competent enough to know the harm they are causing, whether it is done anonymously or not. Cyberbullying can manifest in many forms, including harassing text messages or posts on social media, assume identities online in order to look like a popular kid and send others nasty or hurtful text messages, or repeatedly sending hostile, abusive or humiliating emails. These actions have one thing in common – the intent to hurt or humiliate someone else. Sometimes, this intent is clear; other times, it is much more difficult to assess.
In the past ten years, a growing number of cyberbullying incidents have received national attention, from Amanda Todd’s decision to take her own life in Vancouver, to Tyler Clementi’s suicide in New York , to Jessica Logan’s bullying ordeal and suicide in Cincinnati. The growing number of high profile cases nationwide alerts us to the severity of the problem, but how do we define cyberbullying?
In a survey conducted by the National Center for Victims of Crime in 2009, the overwhelming majority of young adults polled agreed that cyberbullying was the same as or worse than conventional bullying. Here are some common examples:
• Posting pornographic images without permission
• Posting photos with the intent to be harmful or derogatory
• Posting of embarrassing videos or photographs
• Texting with harmful intent
• Repeatedly sending hateful emails
• Using fake social media profiles to impersonate or mock someone
• Creating or altering a website with the intent to make fun of a child
• Impersonating or mocking someone online
• Posting intimidating messages
• Using technology to plan and organize hazing
• "Doxing" a person (posting or spreading private and confidential information online)
• Making threats of real-world violence via electronic communication
The Law and Cyberbullying in Georgia
Georgia has been taking steps, on both administrative and legislative levels, to address the growing problem of cyberbullying. The 1999 Georgia General Assembly amended O.C.G.A. § 20-2-751 to include "harassment, intimidation, or bullying by a student" under the broad umbrella of prohibited "harassment, disobedience and defiance of authority" by students. The statute, as amended, now provides: Code Ann., § 20-2-751 provides for disciplinary action against students who are found to be in violation of this Code section and charges local school boards with the duty of establishing expulsion, suspension, notification, and appeal procedures. The statute specifically allows expulsion for up to 10 days for complaints of harassment, intimidation, or bullying. The "local school board" must "shall adopt a code of conduct containing standards, policies, and procedures designed to teach [students] discipline, self-control, self-respect, and kindness to others and to prevent and prohibit harassment, intimidation, and bullying." The statute also requires each local (public) school system to establish a program of instruction relating to the reporting, investigation, and resolution of reports of harassment, intimidation, or bullying. In 2010, the Georgia General Assembly twice attempted to pass the Student Athlete Bill of Rights (HB 461, amending the Code Section relating to discharge from employment of a member of the public school system for violation of Code Section 20-2-751) and re-introduction of O.C.G.A. § 20-2-751.7 relating to electronic harassment, intimidation, or bullying of students (SB 258). These bills both failed to pass through Senator Emanuel Jones’ Committee.
Georgia’s Response to Cyberbullying at School
Georgia is making efforts via its legislation to explain and provide guidelines as to how schools are to handle cyberbullying. In 2010, Georgia lawmakers were inspired by two students from Turner County, Georgia, who lost their lives to suicide after being bullied. Through their continuous efforts anti-bullying legislation was finally passed in 2013. The law defines bullying as "any act that substantially disrupts the orderly operation of the school or interferes with a student’s ability to learn is a cause for disciplinary action, up to and including suspension or expulsion." The law prohibits the bullying of students and employees on school property, at school functions, or on school buses.
Although some guidelines for reporting and investigating cyberbullying incidents are provided in the law, the responsibility for developing and implementing discipline policies concerning the bullying of Nigerian immigrants has largely been left to the local school districts. Under the law, each school is required to develop its own written policy prohibiting cyberbullying. The school district superintendent is responsible for reporting complaints to the board and the Board must review all complaints and ensure they are appropriately addressed. Techniques permitted under the law to stop bullying include counseling and disciplinary action, but the law leaves details to the discretion of the local schools.
Punishments for Cyberbullying under Georgia Law
Cyberbullying, as acts of aggression facilitated by electronic communication, can have serious and far-reaching effects for the perpetrators of such conduct. In the state of Georgia, the legal consequences for cyberbullying can be both criminal and civil. Delving into these various consequences is essential for understanding the full scope of the impact of cyberbullying on both victims and offenders.
Under the existing Georgia law, contained in the O.C.G.A. 16-11-90, bullying and intimidation through electronic means is an aggravated factor in the crime of simple assault. Although it is not currently a standalone law, legislation is in discussion to broaden the current law to include cyberbullying explicitly, along with an extensive list of various forms of cybernetic behavior (e.g., impersonation, hacking, etc.) . Until then, assertions may be made that if the bully gathers the contact information of the victim through computer hacking or otherwise, the former committed a crime of theft by taking (O.C.G.A. 16-8-40).
The potential for criminal action against a known aggressor may even lead to the assignment of mandatory counseling to any perpetrator 17 years or younger. First Federal offenders may be charged with delinquency, whereas second Federal offenders may be charged a designated misdemeanor.
If the victim chooses to pursue legal action against the bully, they may file a civil lawsuit to obtain damages from the aggressor, in conjunction with any criminal charges that may be brought. In any case, the troubling fact about cyberbullying is the potentially life-long repercussions; whether the harm be physical, psychological, or in a legal sense, if you have been unaffected by the adverse consequences of a cyberbully you are one of the few.
Policy Responses and Resources
Education is the best preventive measure against cyberbullying. Anti-bullying policies in schools, mandatory programs about safe digital citizenship, and classroom lessons that discuss the potential consequences of bullying others online can all play a part. The Georgia Department of Education has published best practices for anti-bullying programs in schools that are accessible to school administrators. The best method of encouraging safe online behavior is to educate children and teenagers about the potential dangers of messages they post, images they share, and interactions they have with peers in a digital setting. Comprehensive educational programs can be a positive influence on children. A lecture on the risks of sexting, for example, may be more effective than simply not allowing cell phones at school. Sharing real-life consequences may also be eye-opening. Programs like Georgia’s Mentors, Outreach Training, and Incentives programs (GAMOTI) have been a great source of support for community-based initiatives throughout Georgia. There are also many resources available to victims or witnesses of cyberbullying to help address it and prevent it from happening again. Georgia State University has created a resource guide for parents of middle school students with both legal and practical tools for addressing instances of bullying. The Substance Abuse and Mental Health Services Administration has an online resource finder and helpline for individuals or families dealing with a range of issues. The Georgia Department of Education provides information relating to what steps students and parents should take when handling incidents of bullying. Programs like ReachOut and PTSA Georgia offer support for parents dealing with cyberbullying. Online communities like KidsHealth.org offer safe spaces where students can connect to others who are facing similar challenges. For victims and their families who are seeking guidance on their options, getting in touch with a qualified attorney can be of assistance.
Recent Cases and Legal Guidance
A notable case that has become a significant legal precedent in Georgia is that of J. K. v. Brown County School District. In this case, the Court of Appeals of Georgia ruled that public schools do indeed have the right to discipline students for social media behavior, even if the bullying occurs outside school grounds. This ruling has reinvigorated discussions around the responsibility of schools to monitoring student interactions on social media, with a particular focus on situations in which school computers are utilized. The case is particularly important because it establishes the idea that the digital world and physical spaces are deeply intertwined when it comes to students and their interactions.
When diving deeper into the legal precedents for cyberbullying in Georgia, it’s essential to note that many cases are either settled or involve settlements at a state or federal level before they reach higher courts. A poignant example of this is Riverdale High School v. Student Doe, which was resolved without a formal ruling by the Georgia Supreme Court. However, student privacy rights have proven to be an effective tool for addressing cyberbullying issues in schools throughout Georgia. In this situation , the school principal ordered a student to turn over her cellphone and then searched through her phone without parental consent or a warrant. The Georgia Supreme Court denied this ruling, emphasizing that the Constitution provides for private rights that cannot be violated, which would include such a search without proper consent.
Further, the issue of communication between parents and children regarding cyberbullying has a unique history in Georgia. Issues regarding parental supervision of social media accounts have come up in recent years with parents who have been charged with conspiracy after monitoring their children’s online activity and punishing those who bullied their child. While these types of cases might highlight the difficult dynamics of family intervention, they also serve as real-world examples to drive community-based discussions on cyberbullying prevention.
As our understanding of this issue continues to advance, so too will the legal precedents surrounding cyberbullying. As we can see from these recent cases, Georgia is striving to remain forward-thinking in this area by helping implement and maintain policies to protect its students.