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Jacqueline Harper

ENC1102

Professor McGriff

November 16, 2018

Should Cyberbullying Be Considered A Crime?

Have you ever posted a picture or a comment on social media, in return to just have

someone reply in a negative manner or make a comment that is totally unacceptable? These are

some of the issues that I have personally come across when I’m on my Instagram feed. I

understand the saying “to each is their own”, however, today’s society seems to have lost touch

with civility and knowing right from wrong. Individuals that go around posting negative

commentary are known today as what we call “trolls” or also known as, “cyberbullies”.

Children are growing up in the internet age where dangers lurk and even when we don’t always

see them, they can have an everlasting effect on them. Cyberbullying is a form of bullying over

electronic communication. This could be through pictures, video, text messaging, phone calls, or

through websites on the internet such as instant messengers or social media. As technology

advances, the issues we are having with cyberbullying is increasingly growing as well. The

effects of cyberbullying are posing a threat to the well-being of our children and many people are

calling upon their government officials to pass laws, as well as to their school board officials to

pass policies that reprimand bullying of any sort. These individuals are approaching

cyberbullying with a zero tolerance level. Due to the nature of cyberbullying, many individuals

are in favor of passing laws and policies that would make cyberbullying a crime and punishable
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by law due to the detrimental effects that it has on its victims. However, some individuals would

argue that we have enough federal laws as there is and passing more of them would be

unnecessary. These individuals argue that making cyberbullying a crime would negatively

impact children and their families, more than it would help fix the problem. Some would argue

that there is a difference between freedom of speech and committing a crime. These individuals

believe that fixing the problem with cyberbullying starts at home with parents and that there

should be no need for our judicial systems and law enforcement to have to get involved with

cyberbullying since the individual is not physically harming another person. Although

cyberbullying effects all children differently, I argue the fact that new federal laws and policies

are needed to be enforced in order to get cyberbullying under control. I also agree to a certain

extent with making cyberbullying a crime punishable by law because many studies have proven

the effects of being cyberbullied can cause children to suffer from low self-esteem, a decrease in

their educational performance and create mental health issues.

Cyberbullying can negatively impact a child’s self-esteem as they are much more

vulnerable due to the technology that they are easily able to access, according to author Tim

Woda’s article “The Educational Impact of Bullying and Cyberbullying.” Negative self-esteem

from being cyberbullied can affect how a child can view themselves, how they form

relationships with other individuals and how they handle making decisions. The way a child

views themselves can affect the way they feel about their self-worth. Those that are cyberbullied

can often be left feeling invaluable and have a negative self-esteem about themselves.

According to Andrea Grossman and Stepphie Rapp, authors of “Law Enforcement’s Reminder:

the Negative Effects of Cyberbullying,” a child that has a low self-esteem about themselves can

suffer from loneliness and isolation. This type of child, is more susceptible of becoming a victim
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of grooming. Grooming is a tactic used by an individual seeking out a child to initiate sexual

contact with them (Grossman & Rapp). A child that is looking for a form of approval or

acceptance is more likely to become of victim of this. A child’s self-esteem can affect the type

of relationships they engage in. A research study conducted by Justin Patchin and Sameer

Hinduja called “Cyberbullying and Self-Esteem,” found that children with a positive outlook on

their self-esteem were much more likely to engage with individuals that made them feel good

about themselves and stayed away from those that tried to make them feel bad. A child with a

negative self-esteem was more likely to engage in a negative or toxic relationship rather than a

positive one (615-616). Self-esteem can also inhibit a child’s ability to make decisions.

Children with a lower self-esteem were less likely to report cases of cyberbullying due to fear

that nothing would be done or that they could face a form of retaliation due to the actions on

their part (Woda). According to Jennifer D’Auria’s journal “Cyberbullying Resources for Youth

and their Families,” she found similar findings that children did not report being bullied because

they didn’t want to face parental overreaction or have their privileges to media removed as a

solution (e20).

Author, Anthony Lugu of “Cyberbullying is nasty but don’t make it a crime,” agrees that

cyberbullying can affect an individual’s psych, however, it does not harm the individual

themselves. He argues that cyberbullying shouldn’t be considered a crime because no one can

freely measure another person’s emotions, thus being an ineffective way to convict someone of a

crime. I definitely agree with author Anthony Lugu, as we are incapable of measuring another

person’s emotions, however, we are capable of knowing right from wrong. I’m not convinced

that cyberbullying affecting someone’s self-esteem should be considered a crime, as parents and

educators can educate and reassure children on how to handle the negativity. From my own
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experience with my step son facing rumors at school, it could have escalated to a physical

altercation, but I immediately address the issue with the child’s parents that started the rumor.

The issues were resolved within a matter of a few days. Handling the issue from the start can

definitely positively impact your child‘s perception of how to handle being bullied.

Children that experience cyberbullying are more likely to have issues with their

educational performance at school (Woda). A study conducted by the CDC (Center for Decease

Control), “found that over 15,000 students did not go to school because they did not feel safe”

(Woda). These students that avoided going to school reported that they were being cyberbullied

or bullied in some sort of way. Often when children don’t know where to go for help, they

begin to disengage themselves by skipping school or staying home from school.

Cyberbullying can be known to cause distress in many of its victims, leaving them with a

feeling of not knowing what to do about the issue, according to Peter Smith’s and et al., journal,

“Cyberbullying: its nature and impact in secondary school pupils”. Children can fall victim of

cyberbullying by having false rumors spread about them, picture’s or video’s being posted to

social media or sent around to other school peers, which can negatively affect the way a child

approaches the issue. By disengaging from school to avoid their peers or an induvial that is

bullying them, a student’s grades can significantly suffer. A decline in a child educational

performance can impact there opportunities for advancements, scholarships, or from learning in

general. It is also not uncommon for a child to disengage from any extracurricular activities that

they once participated in (Woda).

In order to help students that are impacted by the effects of cyberbullying or

bullying, educators and leaders should come up with awareness programs that inform children of

all ages of their options (D’Auria, e20) (Woda).

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Some individuals are opposed to having more laws created to control

cyberbullying, as they feel that it’s a problem that originally starts at home, according to author

Mike Riggs, of “Criminalizing Cyber Bullying Could Ruin More Lives than It'll Save”. In his

article he argues that he feels that cyberbullying is an issue that should be handled at home,

without needing to involve our criminal justice system. “Parents need to quit trying to be their

child's best friend and be their child's best parent”, (Riggs).

If parents engage in the same media formats that their children use daily, they

could learn to keep up with current technology and monitor their children use very closely.

Limiting the amount of media that a child uses, could be effective, however it really comes down

to an understanding with the child how media is allowed to be used and should be followed

(D’Auria, e21) (Woda).

I agree with author Mike Riggs, when he stated “Parents need to quit trying to be their

child's best friend and be their child's best parent”, however, I disagree that cyberbullying is an

issue that can altogether be handled at home. Even from my own experience, a parent can only

preach so much to their child hoping that we are getting through to them. I don’t believe that

cyberbullying should be considered a crime for having an effect on a child’s performance at

school, however I do believe that in some cases, law enforcement should be involved if it’s

effecting your child to the point they are avoiding school because they don’t feel safe.

A survey conducted amongst 28 countries by author Sam Cook, published in his blog

called, “Cyberbullying around the World – which country has the most victims?” found that

India had the most incidents of cyberbullying, while Russia had the least. The United States

ranked third highest. What does this mean? This means that if you were to take a close look at

laws and regulations amongst these 28 countries, you would notice that India had the least or did
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not enforce them, while Russia had the most or more likely enforced them. Even if each country

had the equal amount of laws, the way they are written and enforced, could leave them open to

challenge on constitutional grounds (Lugu).

Cyberbullying can bring upon mental health issues, such as suicide. Suicide has been

linked to even traditional type of bullying in the past, as a 2007 CDC and Prevention report was

published in authors Sameer Hinduja and Justin Patchin’s journal, “Bullying, Cyberbullying and

Suicide”, found that “suicide was the third leading cause of death among adolescents in 2004”.

Another study presented at the 2017 Pediatric Academic Societies Meeting revealed, “the

number of children admitted to hospitals for attempted suicide or expressing suicidal thoughts

doubled between 2008 and 2015” (Cook). These numbers are on the rise and many have been

linked to cyberbullying.

Cyberbullying can cause children to feel isolated, altering their feelings towards

their self-worth, causing them to become depressed and contributing to suicidal thoughts

(Hinduja & Patchin). As the amount of children taking their own lives increases, the debate on

how bullies should be handled creates controversy. Some would argue that there cyberbully or

bully has pushed them too far and should be held responsible for contributing to their death. In

opposition to that claim, author Paul Butler’s article in the New York Times “New Criminal

Laws Aren’t the Answer to Bullying,” argues that we cannot hold people accountable for

“outcomes that are idiosyncratic or unpredictable”. His article argues that holding people

accountable for an individual committing suicide would be no different that holding men

responsible for a “suicide of a lover he spurns”.

As suicide is a global health issue, it is imperative that parents and educators are

providing the education and counseling needed in order to prevent such a tragic and unnecessary
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thing. Studies have shown that cyberbullying takes a detrimental effect on a child’s mental

health, as with traditional bullying, a child knows his attacker, but when it comes to being

cyberbullied, the child may no longer know who their bully is. This often leaves the victim

feeling hopeless and not knowing where to go for help (Grossman & Rapp, 2016).

A Florida Atlantic University study has found that females were more likely to be victims of

cyberbullying, as males were more likely to be cyberbullies (Cook). Studies have found that children were

more likely to be bullied over the internet, however the victim reported having a more negative

experience if they were bullied through text messaging or a phone call.

Author Paul Butler, argues that passing more laws would be unnecessary as we have

more than enough laws in place now. He firmly believes that resolving the issue with

cyberbullying starts at home. In his article, he argues that passing more laws and making

cyberbullying a crime would cause issues for children and their families more than it would help.

He makes a valid point that there needs to be a national conversation on civility, as our youth

struggles with communicating with one another without being a bully of some sort. Prison

shouldn’t be the tool that we use to discipline children for cyberbullying. He goes on to say, “if

a bully crossed the line between freedom of speech and proceeds to invasion of privacy and

harassment, then those two things can be punishable by law”.

Author Anthony Lugu, brings to question, how much police state do we really want

involved in our personal lives when it comes to media? And is this really a good use of public

resources? His questions are a great way to start the conversation we need to be having on how

we should be handling cyberbullying and bullying in general.

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Many articles that have been documented in my paper bring valid questions and debate

on whether cyberbullying should be considered a crime or not. My perspective on the matter

still has not changed, as I firmly believe that not all issues with cyberbullying can be resolved at

home with parents. What we need, is effective laws that will reprimand any type of bully. There

is a difference in freedom of speech and harassment, however, I feel that cyberbullying is right

on the edge of the two. Media platforms should be required to install tools that children can use

to block, report, and flag negative content to have it removed.

More programs should go into effect at all schools, including curriculum that teaches

children to have a form of civility and to engage with one another in a positive manner, as after

all, we are now in the internet age. If our technology is advancing so quickly, our children’s

curriculum at school should do the same, as this will help keep children informed of their options

and how to handle situations when they come across them. A child that is knowledgeable of his

or her options is less likely to engage with any bully of sorts and more likely to report it.

Children today are our adults of tomorrow, which is why it’s imperative that we pay close

attention and make the necessary changes to our laws and policies. As adults, we ultimately

have control to help guide children to become successful and productive members of society.

Cyberbullying should have its own set of laws that consider it a crime, if it contributed to

someone committing suicide. However, I believe that there needs to be evidence of constant

form of harassment that could have led an individual to the untimely demise.
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Works Cited

Butler, Paul. “New Criminal Laws Aren’t the Answer to Bullying.” The New York Times,

3 Dec. 2010, https://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-

students-suicide/new-criminal-laws-arent-the-answer-to-bullying.

Accessed 14 Nov. 2018.

Cook, Sam. ”Cyberbullying around the World – which country has the most victims?” Internet Providers,

22 Oct. 2018, https://www.comparitech.com/internet-providers/cyberbullying-statistics/.

Accessed 6 Nov. 2018.

D'Auria, Jennifer. “Cyberbullying Resources for Youth and Their Families.” J Pediatr Health

Care, vol. 28, no.2, 2014, pp. e19- e22. Elsevier Inc., doi: 10.1016/j.pedhc.2013.11.003.

Accessed 8 Nov. 2018.

Grossman, Andrea, and Rapp, Steffie. “Law Enforcement’s Reminder: The Negative Effects of

Cyberbullying.” Stopbullying.gov, 27 Oct. 2016,

https://www.stopbullying.gov/blog/2016/10/27/law-enforcements-reminder-negative-

effects-cyberbullying-and-what-we-can-do-prevent-it.html. Accessed 5 Nov. 2018.

Hinduja, Sameer and Patchin, Justin. “Bullying, Cyberbullying, and Suicide.” Archives of

Suicide Research, vol. 14, no. 3, 2010, pp. 206- 221. International Academy for Suicide

Research, doi: 10.1080/13811118.2010.494133. Accessed 4 Nov. 2018.

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Lungu, Anthony. “Cyberbullying is nasty but don’t make it a crime.” The Star, 14 Apr. 2013,

https://www.thestar.com/opinion/commentary/2013/04/14/cyberbullying_is_nasty_but_

dont_make_it_crime.html Accessed 15 Nov. 2018.

Patchin, Justin, and Hinduja, Sameer. “Cyberbullying and Self-Esteem.” Journal of School

Health, vol. 80, no. 12, Jan. 2010, pp. 614-621,

https://www.researchgate.net/publication/284484160_Cyberbullying_and_self

esteem_Journal_of_school. Accessed 9 Nov. 2018.

Riggs, Mike. “Criminalizing Cyber Bullying Could Ruin More Lives than It'll Save.” Citylab,

25 Oct. 2013, https://www.citylab.com/life/2013/10/criminalizing-cyber-bullying-could-

ruin-more-lives-itll-save/7363/. Accessed 15 Nov. 2018.

Smith, Peter, et al. “Cyberbullying: its nature and impact in the secondary school pupils.” The

Journal of Child Psychology and Psychiatry, vol. 49, no. 4, Mar. 2008, pp. 376-385.

Wiley Online Library, doi: 10.1111/j.1469-7610.2007.01846. Accessed 10 Nov. 2018.

Woda, Tim. “The Educational Impact of Bullying and Cyberbullying.” UKnowKids,

8 Jul. 2013, http://resources.uknowkids.com/blog/bid/302867/the-educational-impact-of-

bullying-and- cyberbullying. Accessed 7 Nov. 2018.