Safer Cyberspace Through Legal Intervention: A Comparative Review of Cyberbullying Legislation

• Date: 01 December 2016
• Published date: 01 December 2016
• DOI: http://doi.org/10.1002/wmh3.206

Safer Cyberspace Through Legal Intervention:

A Comparative Review of Cyberbullying Legislation

Y. Tony Yang and Erin Grinshteyn

Cyberbullying is a problem that has increased signif‌icantly in incidence and severity over the recent

past. The harmful consequences of cyberbullying have been well documented, including associations

with severe psychological suffering, suicidal ideation, and suicide attempts. Cyberbullying is

characterized by unique circumstances and challenges for those interested in tackling this burden

using legal means. This critical review uses qualitative legal analysis. LexisNexis and PubMed

searches were conducted. It examines laws and policies dealing with cyberbullying in both the

United States and other countries starting with def‌ining cyberbullying and then comparing the

measures in which the issues surrounding cyberbullying have been addressed using various legal

strategies. Finally, after analyzing existing legislative methods around the world, this article

concludes with legal and policy recommendations based on these comparisons.

KEY WORDS: cyberbullying, violence, adolescents, comparative laws

Introduction

The emergence of the Internet has led to an extraordinarily enhanced ability

to communicate. Social media and other online services have given persons of all

ages the ability to disseminate thoughts and communications broadly and

quickly, connecting the world in an unprecedented manner. This technological

advancement is not without its drawbacks, however. One negative trend that has

emerged alongside the ubiquity of the Internet is an increase in cyberbullying.

Cyberbullying is bullying that takes place over electronic means of communi-

cation (Hinduja & Patchin, 2010). This includes communications over an

increasing number of devices including cell phones, tablets, and computers.

Within these devices, applications and websites that support social media,

whether through posting text, pictures, or videos, have also become tools of

cyberbullies. In light of the increasing number of hours teens spend on the

computer plugged into social media and the increasing access the proliferation of

smart devices has created, this trend deserves heightened attention as more and

more households in the United States access the Internet every year (File, 2013).

World Medical & Health Policy, Vol. 8, No. 4, 2016

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As greater numbers of people access the Internet and text on smartphones and

wireless devices (U.S. Census Bureau, 2012), the danger for cyberbullying

expands. These increased online avenues have already been brought to light in

many high prof‌ile incidents in the media in recent years (NoBullying.com, 2016);

yet, the dangers may go well beyond what has been reported. A 2014 study

indicated that the prevalence of bullying was 55 percent with 18 percent of high-

school respondents reporting cyberbullying (Gan et al., 2014). As cyberbullying is

becoming more widespread, most victims do not share their cyberbullying

experience, and if they did, only half believe they are taken seriously (Gan et al.,

2014). Cyberbullying deserves attention due to its potentially devastating effects

on victims (Gan et al., 2014). In light of recent data and the propensity for

adolescent teens between the ages of 12–18 to be involved, this article seeks to

shed some light on relevant policies addressing cyberbullying among this age

group, with the hope that the discussion can assist legislative bodies pursuing

action and crafting measures to ensure the safety of these children.

To this end, this article will begin by laying out some of the background

considerations and obstacles for legislatures seeking to def‌ine cyberbullying. It

will then discuss the empirical and anecdotal data to determine the boundaries of

the current problem of cyberbullying to which legislatures are responding. Next,

it will review the laws currently in place, both in the United States and abroad, to

see the various approaches possible to control cyberbullying. Finally, it will

identify key considerations in light of this review and seek to identify a model

policy and key policy considerations for the United States. This article uses

qualitative legal analysis; LexisNexis and PubMed searches were conducted to

review and compare cyberbullying legislation and regulation both within the

United States and abroad. In order to inform policy, it also draws recommenda-

tions regarding cyberbullying laws, setting forth principles derived from its

broader legislative comparisons upon which policymakers may base future anti-

cyberbullying efforts.

Addressing the Root of the Problem

Cyberbullying demands increased attention not only for the physical danger

it poses to teens, but also the signif‌icant psychological issues and behavioral

issues associated with it (Schneider, O’Donnell, Stueve, & Coulter, 2012).

Cyberbullying has drawn national attention in light of prominent incidents of

related teen suicide (Gini & Espelage, 2014). While these instances show the

extremes of the dangers cyberbullying poses for its victims, the emotional and

behavioral disorders associated with it may be equally damaging for both

members of the cyberbullying dynamic (Rose, Simpson, & Moss, 2015). Cyberbul-

lying not only may cause psychological harm to its victims, it also may serve as a

symptom of the same behavioral and emotional disorders experienced by

cyberbullies themselves (Schneider et al., 2012). Both victims and bullies

experience a lack of safety at school; some of them come from broken homes, and

have diff‌iculty getting along with others (Schneider et al., 2012). Therefore,

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