Is cyber bullying a crime? Sometimes. In the U.S., a rude message or post is likely to be a rule violation by the school or the social media platform, but not necessarily a crime. That’s not to say that cyberbullying isn’t a crimeβit can involve stalking or other behavior that violates the law. It comes down to the specifics and the location.
In this guide we’ll outline what the U.S. position is, and provide notes on the rest of the world.
Is Cyber Bullying a Crime in the U.S.?
There isn’t a federal law that makes every form of bullying a crime, and state laws vary. There are laws, however, that could be applied to certain actions as being a crime in the state where they occur. In addition to the school or social media policy violations, harassment of a protected class could result in action being taken under federal law, if it occurs in a way that violates that state’s anti-discrimination protections.
Labeling an action as βcyberbullyingβ isn’t sufficient in determining criminality. Messages, frequency, implied or explicit threats and the laws in the location where the harassment is taking place are all factors in any given instance. Schools can also take action based on their own policies, even if the situation doesn’t rise to the level of a crime.
When Does Cyberbullying Become Criminal?
Some online conduct crosses the line into criminal territory or rises to the level of a crime based on the frequency or nature of the messages.
Examples
| Online behavior | Possible action |
|---|---|
| Repeated message containing threats | May require a report to the police |
| One rude comment | May be a violation of the terms of service for the social media platform |
| Bullying between students | May be action taken by the school based on state law |
| Repeated online targeting | May be a violation of state stalking or harassment laws |
This is only a general guide; the situation and laws vary by location. Context is important.
Cyberbullying, School Rules and the Law
A school has the ability to take disciplinary action based on their policies. Most states require schools to take some action in response to bullying, and in some cases cyberbullying or similar behavior is included in that definition. That doesn’t necessarily make it a crime, though. A school can investigate and take action based on policies that aren’t criminal laws.
Schools may also have obligations based on discrimination laws if the bullying involves harassment on the basis of a protected class. The school’s responsibilities are dictated by the situation.
What Is the Difference Between Cyberbullying and Cybercrime?
Cyberbullying is a form of harassment, and cybercrime is an umbrella term that covers a variety of illegal activities that are related to the internet or computing in some way.
Cyberbullying can intersect with cybercrime, but it doesn’t always mean that cybercrime is occurring. An insult can be hurtful, but not illegal. Repeated threats, however, can be cybercrime in some cases. There are laws that cover stalking, threats, and harassment, and those can apply to online behavior, depending on the circumstances.
A cyberbully may also face consequences other than criminal ones, such as a school discipline or a social media account being suspended.
What to Do If You Are Being Cyberbullied
If you or a person you know is being cyberbullied, consider these steps:
- Save the evidence. Keep copies of the messages or any other harassing content that you can find. Screenshots, the messages themselves, the date and time, the account, and any other information that could be relevant should be saved. It’s best to avoid editing the messages unless it’s to preserve the integrity of the evidence.
- Report the content. Report the messages to the social media platform. If school is involved, a parent or teacher may also need to be contacted.
- Tell a trusted person. An adult, counselor, manager, parent, or trusted person can help you determine what to do next.
- Contact the police. If threats are made, it’s possible that the authorities may need to get involved.
- Determine your state’s position. Each state has their own definition of cyberbullying and guidelines for what to do, so a qualified person or agency will be able to advise on the best course of action for your specific instance.
Can a Minor Be Charged for Cyberbullying?
This is dependent on the age of the person engaging in cyberbullying, the nature of the conduct and the applicable laws. The school may take disciplinary action, and if a person believes that a law has been broken the appropriate authority will need to be contacted. The term βcyberbullyingβ alone isn’t enough to indicate that a law has been broken.
Frequently Asked Questions
1. Is cyber bullying a crime in every state?
No, because not every state considers every aspect of cyberbullying to be a crime. Some actions may be covered by other laws, and schools may have their own requirements for addressing cyberbullying.
2. Can someone go to jail for cyberbullying?
It’s possible, if the conduct rises to the level of a crime. A polite comment isn’t likely, but a pattern of threatening messages might be.
3. Is cyberbullying a crime if it happens at school?
It may be a school policy violation and the school may take disciplinary action, but it will depend on the specifics of the situation and the laws that apply in the location.
4. Should I report cyberbullying to the police?
If the messages contain threats or involve stalking or other concerning activity it may be necessary to report cyberbullying to the police. When someone is in immediate danger it’s best to contact emergency services.
5. What evidence should I save?
Evidence should be saved in whatever format is necessary. Screenshots, messages, URLs, account names, emails and any other information that might prove useful should be saved, and it’s best to avoid making any changes to them.
Conclusion
Is cyber bullying a crime? Sometimes. In the U.S., it depends on the nature and context of the messages as well as any applicable laws. Save the evidence, report the content, and contact the authorities if threats are involved.