A Brief Overview of Cyberbullying
Much like the psychological torment that occurs in traditional bullying, cyberbullying can leave children and teenagers mentally and emotionally traumatized for years. The term "cyberbullying" refers to any kind of bullying or harassment that occurs over the internet or through a cellphone. It can take many forms, such as sending threatening text messages, posting embarrassing photos online or otherwise harming someone’s reputation. Slowly but surely, schools have started adopting anti-bullying policies to prevent and respond to cyberbullying. Parents should, in turn, educate themselves on the laws and regulations that govern these policies in Ohio. This will help them protect their children from the very real dangers of cyberbullying.
As an expansive and growing population of internet users, children are particularly vulnerable to cyberbullying. According to a Pew Research Center survey of 5,277 youth, ages 12 to 17, 59% of the subjects had experienced some form of cyberbullying at least once in their lives. One in four occasional victims said they considered it a "major problem , " with many instances happening on social media websites. The two biggest offenders for cyberbullying, according to the survey results, were Facebook and instant messaging.
The prevalence of internet-ready technology in the lives of children today makes cyberbullying a particularly pressing issue for parents. Kids have greater access to social media and messaging apps than ever before. Many children have their own smartphones and computers by their middle school years. If not prevented, this type of bullying can lead to severe mental health issues. While any kind of bullying — whether it be physical, verbal or even emotional abuse — is a serious matter, there are specific characteristics that separate cyberbullying from other forms of harassment. The ability of bullies to hide behind a screen and manipulate their victims in the privacy of their homes introduces unique aspects to this form of abuse. Most notably, cyberbullying can happen at any time and from anywhere. There is no escape for children when a bully can reach them while they’re lying in bed, socializing on the playground or studying in the classroom.
Cyberbullying Under Ohio Law
When it comes to understanding bullying in Ohio, you need to look a little more closely at the legal definition. Bullying is not the same as cyberbullying, and there are certain nuances and specifics outlined by the Ohio legislation that apply to both bullying itself, as well as cyberbullying. It’s important to know how the law distinguishes between the two.
So what is the definition of cyberbullying in Ohio? Under House Bill 361, passed in 2012, cyberbullying is defined as harassment, intimidation, or bullying by either the use of a computer, electronic communication device, or cell phone. So, what does this mean, exactly?
The law doesn’t stop there, but also delineates what exactly a computer means for the purposes of cyberbullying violations. The Ohio law defines a computer as an electronic system that processes data. Electronic systems include any of the following:
Notably, a computer must have the following features to be a violation of cyberbullying:
But wait! There’s more! The Ohio law also specifies that an electronic communication device means a wireless or paging device that is capable of accessing the internet.
What does this mean for you as a parent? Essentially, your child’s smartphone is covered under the violations of this law so, while it might be used differently than cyberbullying through a Chromebook, it’s still considered cyberbullying if your child is using it to harass or intimidate another.
Essential Features of Ohio Cyberbullying Statutes
The language of the Ohio law prohibiting harassment, intimidation, and bullying ("HIB") is relatively new, as it was initially adopted in 2012. The amendment to the law to specifically include cyberbullying occurred in 2014. Specifically, the law now defines harassment, intimidation, and bullying to include, "committing an act against a student or school personnel or encouraging the same, that substantially harasses, threatens, or intimidates another student or school personnel by means of either of the following…" (Emphasis added). This definition of "bullying" expressly includes "by means of an electronic act." The amendment further includes "harassment, intimidation, or bullying by means of an electronic act" as a form of "menacing" under Ohio Revised Code Section 2917.21.
As part of an initiative to alleviate the prevalence of cyberbullying in Ohio schools, the Cyberbullying Training Law (HB 276), which became effective on November 5, 2018, and amended the primary Ohio anti-cyberbullying law to require school districts to provide annual training on cyberbullying for students and staff.
Victims’ Rights and Legal Options
In response to the complex and often anonymous world of cyberbullying, Ohio laws have evolved to provide victims with specific rights and legal recourse. Victims can pursue a variety of options to protect themselves and hold the perpetrators accountable.
Under Ohio law, when it comes to harassment, victims of cyberbullying are afforded the same rights as victims of other forms of harassment. Victims can seek a civil stalking protection order (CSPO) or a temporary protection order (TPO) through the municipal or common pleas courts. A CSPO provides broad protections against various offenses, such as telephone harassment and menacing by stalking. A TPO, on the other hand, is an ex parte order meant to provide emergency relief and is more limited in scope.
To obtain a CSPO, a person must file a petition with the court and demonstrate that they are in "harmful contact" with the harasser. A person is considered to be in "harmful contact" when they have been the subject of conduct that would constitute a menacing-by-stalking offense. In practice, this means that the harassment must be multiple incidents of menacing by stalking, which can include direct threats to kill or harm the victim, threats to cause the victim emotional distress or multiple instances of conduct that places the victim in reasonable fear of serious physical harm to self or their family.
Ohio civil courts value fact-finding and truthfulness, which means that a CSPO granted on false or misleading information can lead to a perjury charge. This makes it imperative that the petition is accurate and true.
Ohio law enforcement agencies also have a duty to investigate and document reported cases of child abuse or neglect as quickly as possible, and to report the results of that investigation to the local children services agency. Accordingly, when presented with the Statute’s definition of parent, guardian or custodian, many police departments provide the parents and custodians with information about reporting cyberbullying to the locality’s appropriate office of child services.
Victims may also file complaints with the police, however, most cases of cyberbullying fall under the realm of civil rather than criminal law. That being said, if someone has assaulted you or threatened you with physical harm or bodily injury, then they might be prosecuted for assault or menacing by stalking. If you believe that your life is in danger or are concerned about a situation, do not hesitate to call the police.
Schools’ Obligations Under Bullying and Harassment Laws
In Ohio, teachers are required to report any type of bullying to schools. This includes bullying that occurs at school or outside of school, which involves a student or staff member. Bullying can occur at school, on the way to or from school, at a school function or event, in any public or private location, or over the Internet. Bullying, thus, includes what is commonly known as cyberbullying.
In 2011, Ohio passed a bill requiring that all schools create a policy prohibiting harassment, intimidation, and bullying in their schools. The law applies to students and school employees, and it includes provisions for training school staff and teaching students about agency policy in schools. (H 283, R.C. 3313.666.)
Schools are required to train staff in all types of bullying techniques and tactics, including cyberbullying. Schools and their personnel must also be trained in suitable preventive measures and how to effectively intervene, investigate, and report when incidents occur.
Cyberbullying is defined the same as electronic harassment, intimidation, or bullying within the law, and it extends to all legal definitions of electronic harassment , intimidation, or bullying as follows:
(B) "Electronic harassment, intimidation, or bullying" means either of the following: (1) any intentional written, verbal, or physical act or threat that is reasonably perceived:
(C) "Harassment, intimidation, or bullying" means either of the following:
A. A civil action for injunctive relief or damages or both may be brought against a person by the parent, guardian, or custodian of a child or by the board of education or governing authority of a school district or schools in the district in which the alleged act occurred.
B. A school district or other entity that maintains a zero-tolerance policy for harassment, intimidation, and bullying may recover attorney’s fees and other costs of the action in a civil suit as described above if the school district prevails.
Public and private schools are both allowed to enact policies for harassment, intimidation, and bullying that are stricter than those in the statute. Additionally, in cases of harassment, intimidation, or bullying by a student of a public school against a school employee, the public school will be liable for damages.
How Cyberbullying Laws Affect Ohio Residents
The laws against cyberbullying are a crucial step in deterring the behavior itself. But they also do two other things: They help to raise awareness about the issue as a whole and invite community involvement into the problem.
One of the most interesting bits of commentary about Ohio’s anti-cyberbullying bill came from Rep. Bill Patmon, one of the co-sponsors of the bill to define it as a distinctly criminal act.
"Cyberbullying is particularly troubling because it happens when a child’s guard is down — at home, in his or her bedroom, late at night, on the way to school, in class," he said, featuring arguments made by many anti-bullying advocates. "The message that we send with this law is that our children are safe everywhere: in school, at home and everywhere they go."
The law is intended to replace anti-bullying policies in place in schools throughout Ohio, which has become the first state to officially define cyberbullying in the Criminal Code. In the definition, they made clear that any electronic harassment, intimidation or bullying directed at school property, at a school-sponsored event or that results in an interruption of the educational process is considered a crime.
The bill passed after encouragement from student advocacy groups like Liberty for Ohio Youth and Children’s Hospital in Cincinnati, both of which said that an explicit definition would be an important tool for parents and schools.
"This is probably the most aggressive push [we’ve] seen in Ohio to ensure kids are protected from cyberbullying," said Janet Jackson, a clinical psychologist at Children’s Hospital in Cincinnati who said she has seen an uptick in children with depression or suicidal thoughts lately. She says cyberbullying is often a contributing factor.
In other states, there have been some notable cases. A 9-year-old girl killed herself in 2017 after being taunted online by other children. In November 2018, the New Jersey Senate approved a measure allowing for the search of students’ phones, with cause, if they suspected cyberbullying. These conversations are happening not only in covered jurisdictions but all across the country.
Signs are that the cyberbullying law in Ohio will have more than enough work in the coming years.
Cyberbullying Resources and Help
When dealing with cyberbullying, there are many resources available to help you recover. In Ohio, your first point of contact should be the non-profit organization Voice of the Child. This organization works with parents, schools, police, and the attorneys of cyber bullying victims across the state.
Voice of the Child collaborates with organizations like the Ohio Council on Family Relations, Families Together, the Child Advocacy Center, the Sexual Assault Response Network, the Coalition for Resilience, Children’s Hospital, the Children’s Services Board, the Family & Children First Council , and the Office of Attorney General.
You can reach Voice for the Child at:
Phone: (419) 947-9191
Fax: (740) 379-1219
Mail:
Voice of the Child
P.O. Box 2590
Marion, OH 43306
Email: voiceofthechild@live.com
A good first step to solve a conflict caused by cyber bullying is to get the help of an attorney. You can learn more about how an attorney can help put a stop to cyberbullying in Ohio here.
In many cases, you may not need to go that far. Cyber bullying may be resolved before it gets to an attorney or the police; for most cases, it should be resolved at the school with the parent of the offending child. You can read more about that process here.