The Chat Room Moderator: Creating a Duty for Parents to Control Their Cyberbully

• Published date: 01 January 2015
• DOI: http://doi.org/10.1111/fcre.12137
• Author: Jonathan Heller
• Date: 01 January 2015

STUDENT NOTES

THE CHAT ROOM MODERATOR: CREATING A DUTY FOR PARENTS

TO CONTROL THEIR CYBERBULLY

Jonathan Heller*

The advent of new technologies allowing people to communicate via the Internet has opened many windows to social

interaction. At the same time, it has shifted the focus of child harassment from the playground to the computer. Instead of

face-to-face bullying, children are now being bullied on the Internet, in a phenomenon known as “cyberbullying.”

Cyberbullying is widespread,affecting generally twenty-five percent of the child population in the United States. It is also more

dangerous, as a child can be bullied at any time in the supposed comfort of his/her own home. To combat this behavior, many

states have passed measures to ban or criminalize cyberbullying in school-related settings. Nevertheless, children and adoles-

cents continue to cyberbully their peers. Furthermore, most of these statutes do not address cyberbullying that occurs outside

school or from a child’s own home. Thus, this Note proposes that cyberbullying can be better combated byplacing responsi-

bility on parents to reasonably control their children in cases of cyberbullying.Based on the recently enacted ‘Cyber-safety Act”

from the Canadian Province of Nova Scotia and Restatement ofTorts § 316, this Note proposes (1) placing tort responsibility

on parents who know that their child is a cyberbully and do nothing about it and (2) allowing parents to avoid liability when

their child truly cannot be controlled.

Key Points for the Family Court Community

• Cyberbullying is a major problem that must be addressed beyond the schoolyard.

• The law may provide recourse for the parents of a cyberbullying victim and can hold the parents of a cyberbully

responsible.

• The Nova Scotia Cyber-safety Act is a good model for holding parents liable for their child’s acts because it balances

the desire to end cyberbullying and the understanding that some minors are uncontrollable.

Keywords: Bully;Control;Cyberbully;Minors;Nova Scotia;Parental Liability;Responsibility;andTort.

I. INTRODUCTION

“Sticks and stones may break my bones/ but words will never hurt me.”

–Old Adage

“This can happen to any child in America, and we have to make sure that we watch their Facebooks.”1

–Roseanne Gill, mother of alleged bully Katelyn Gill

According to recent statistics, eighty-three percent of middle school students have a cell phone,2

including twelve-year-old Rebecca Ann Sedwick. A seventh grader, Rebecca had a cell phone and

texted her friends.3But, once she and her boyfriend broke up, a new tone of texting arose; a tone of

viciousness and hostility originating from the friends of the ex.4As the barrage of hateful messages

worsened,Rebecca’s mother became concerned.5She contacted the school to curb the bullying.6When

the school failed to stop the harassment, she pulled Rebecca out of school.7When Rebecca began to cut

herself, she took away her cell phone, and brought her to a counselor.8After she improved,Rebecca’s

mother returned the cell phone, and Rebecca went back to school.9However, the harassment begananew

Correspondence: Jaheller725@gmail.com

FAMILY COURT REVIEW,Vol. 53 No. 1, January 2015 165–179

© 2015 Association of Familyand Conciliation Cour ts