Cyber Bullying And Harassment: Can The Law Catch Up With Technology?

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By David Diggs
The Law Office of David V. Diggs

As a proud parent of three children, I am scared of the internet. Decisions abound. When should my child receive a smartphone? What parental filters work best? How can I protect my daughter from the bullying and harassment that has become headline news? As a lawyer, I know that the law often lags behind technological advancements.

High-profile cases of cyberbullying have been a news staple since the turn of the millennium. Maryland's own cyberbullying law, “Grace's Law,” is named after Grace McComas, a 13-year-old girl who committed suicide on Easter Sunday in 2012 after cyberbullying that lasted for months. Phoebe Prince was a 15-year-old student at South Hadley High School in Massachusetts when she took her own life on January 14, 2010, after months of harassment. Megan Meier committee suicide on October 17, 2006, three weeks shy of her 14th birthday.

According to the National Crime Prevention Council, cyberbullying is defined as “the process of using the internet, cellphones, or other devices to send or post texts or images intended to hurt or embarrass another person.”

Of course, my best parental advice, handed down to me by my dad, is, “You have to stand up to a bully.” That may have been easier done on the schoolyard than on the World Wide Web, however. It may be impossible to confront an anonymous and vicious online harasser.

As noted above, the Maryland legislature passed Grace's Law, which became effective October 1, 2013. Under Maryland's Criminal Law, cyber bullying and cyber harassment have been made illegal as follows:

  1. A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:(I) with the intent to harass, alarm, or annoy the other;(II) after receiving a reasonable warning or request to stop by or on behalf of the other; and(III) without a legal purpose.
  2. A person may not use an interactive computer service to maliciously engage in a course of conduct that inflicts serious emotional distress on a minor or places a minor in reasonable fear of death or serious bodily injury with the intent:(I) to kill, injure, harass, or cause serious emotional distress to the minor; or (II) to place the minor in reasonable fear of death or serious bodily injury.

A person who violates this section is guilty of a misdemeanor, and on conviction, is subject to imprisonment not exceeding one year or a fine not exceeding $500 or both.

Likewise, federal law criminalizes threats via the internet and other media as follows: “Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another shall be fined under this title or imprisoned not more than five years, or both.”

Of course, there is a tension between free speech protections and prohibitions from harassment. The deciding factor may be the individual's intent to do harm, and that may be difficult to prove. Lawsuits against platforms that enable bullying — for example, Facebook, Twitter and Instagram — have met with varying success, and these areas of the law are still catching up with technology.

The parents of alleged bullies who may be better situated to prevent bullying by restricting access to social media may be liable for their minor child's tortious actions under Criminal Procedure Article 11-604.

Possible causes of action to consider include defamation and intentional infliction of emotional distress. A cease-and-desist letter from an attorney may be helpful in curbing bullying and harassing conduct. This may be small solace to the victims of cyberbullying, particularly teens, who may have lower self-esteem, increased suicidal ideation and a variety of emotional responses, including being scared, frustrated, angry and depressed.

Maryland’s cyberbullying and cyber harassment laws are complicated. If you or a loved one has been victimized by this sort of conduct, you will have many questions. You should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions. David Diggs is experienced in tort litigation, family law and securing fair compensation for injured parties. If you need further information regarding this subject, contact The Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 204, in Millersville, by calling 410-244-1171 or emailing david@diggslaw.com.

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