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Should Cyberbullying Be a Crime?

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April 27, 2012, 4:05 p.m.

Schools throughout New York are preparing to put a new curriculum in place that will teach students civility and tolerance, to comply with new legislation intended to cut down on bullying.

The 2010 legislation, called the Dignity for All Students Act, goes into effect July 1. It will require school districts to report instances of bullying to the state Education Department, and also mandates that schools adopt programs to counter bullying.

It is one of several laws passed throughout the nation to try to keep children from bullying each other. But one New York legislator thinks all those laws on the book do not do enough to combat cyberbullying, an issue of growing concern as more children communicate through the Internet and texting.

State Senator Jeffrey D. Klein, a Democrat who represents part of the Bronx and Westchester, introduced a bill in January to raise the punishment for some cases of cyberbullying to a felony with prison time if the threatening messages are sent by someone on school grounds.

With the help of state prosecutors, he crafted the bill to make cyberbullying eligible for prosecution as a hate crime. The Senate bill has 17 co-sponsors, and Mr. Klein said the bill was one of his top priorities for the spring session.

“The Constitution is very clear,” Mr. Klein said in a phone interview. “Free speech ends when you harm someone else. Words can kill.”

But critics argue that criminalizing cyberbullying is not the answer. They say education programs like those mandated by the Dignity Act are more likely to have an impact on young people.

Cy Vance Jr., the Manhattan district attorney, whose office would prosecute students under such a law, said: “We don’t think legislation is the best way to deal with cyber-bullying. When we take the opportunity to have kids talk to us and listen to us, we make more progress than the police.”

Justin Patchin, co-director of the national Cyberbullying Research Center and associate professor at the University of Wisconsin, said there were better alternatives to criminalizing cyberbullying. Schools should use loss of extracurricular activities, they could assign cyberbullying research projects, or they could mandate detention and family partnership programs to teach students about cyber harassment, he said.

“We know from decades of research that teens are not deterred by threat of formal punishment,” said Dr. Patchin, who has researched cyberbullying for more than 10 years. “They are more likely to be deterred by relationships they care about within the schools and what their friends think.”

Hanni Fakhoury, staff lawyer for the Electronic Freedom Foundation, said the Klein bill might be going too far. “If you hurt a 15-year-old’s feelings really badly, do you go to jail for that?” Mr. Fakhoury asked.

Mr. Klein defended the measure.

“When we create a law, it isn’t an automatic conviction,” Mr. Klein said. “It’s up to a prosecutor to make a good case.”

Johanna Miller, assistant advocacy director for the New York Civil Liberties Union, which helped to push the passage of the Dignity Act, said the Klein bill would short-circuit schools’ new programs by dragging children into the criminal system, instead of educating them.

The Dignity Act, Ms. Miller said, needs time to work. Most schools won’t implement new measures until next school year, she said.

“The Dignity Act is so promising,” Ms. Miller said. “There’s no limit on the method of bullying. It applies to any kind of communication that creates a hostile environment for students.”

In preparation for the act, a group of 34 student advocacy groups, including the bus drivers’ union and the principals’ union, worked to develop curriculum for schools.

In the aftermath of some high-profile cases of children bullying each other, many states have adopted legislation to try to counter bullying. Forty states have adopted measures to specifically address cyberbullying or electronic harassment, according to the Cyberbullying Research Center. The researchers define cyberbullying as persistent electronic harassment over the Internet or mobile phones.

New York is among nine states that do not have comprehensive laws that deal specifically with electronic harassment, but it has at least a dozen laws to address bullying, including two new ones that apply to youths. One is the Dignity Act. The other one is the Cyber-Crime Youth Rescue Act, which created both an educational and punishment alternative for some teenagers charged with sexting — sending inappropriate photo or word texts about sex — or cyberbullying.

Mr. Patchin of the Cyberbullying Research Center said that 11 states have made cyberbullying misdemeanors. New York’s proposed legislation, if it passes, would make the state only one of two, along with Missouri, that make some cyber-bullying cases felonies.

Elbert Chu is a student at the CUNY Graduate School of Journalism and a former SchoolBook intern. Follow him on Twitter @elbertchu.

4 Comments

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Brenda Tobias April 28, 2012, 11:43 AM

There is nothing good to say about bullying. Nothing. But we would be much further along if we cultivated strong, confident and kind children than we would by demonizing technology or trying to wrangle bad (and age typical) behavior.
http://heresheisboys.com/2012...

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Terry Graham April 29, 2012, 10:00 AM

My understanding of bullying starts in the home, like manners. We also have to educate the parents that bullying in any shape or form should not be allowed.

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Bob Creedon April 30, 2012, 6:11 PM

Codification of bullying into education or civil law will have no impact on children's behavior. It just becomes another unfunded mandate driving up the cost of education and allowing politicians to boast about caring while decreasing funding to education.

Bullying in whatever form should not be tolerate in the schools. It should be handled and addressed within the code of conduct of individual school or school districts. The legislators should authorize funding to the Regents for online training of school staff on dealing bulling and the new forms of bullying introduced by technology advancements or social trends. Such training should be incorporated in the ongoing training at the district level.

It is important that the training be developed by the Regents to control cost and quality. One suggestion would be for the Regents to join with the Teachers Union in developing the education so it has the buy-in of teachers and experiences from those working directly to address the problem.

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Wisconsin Law Reform April 30, 2012, 7:24 PM

Did criminalizing sex between teenagers stop them from participating in the act of sex? NO... Did it cause them to 'think twice' about having sex with someone? NO...

So exactly how is a criminalizing Cyber Bullying going to prevent kids/teens from picking on/taunting each other going to stop the behavior? The behavior is from the lack of parenting that our country has been nurturing since the 'two-income household' when Teachers and daycares took to raising our children rather than the people that chose to have those children.

It is time that the parents take responsibility for the actions of their children. I would bet that if we started throwing parents in jail for the indiscretions and poor choices of their children they may start taking on a more active role in their children's lives.

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