Cyber-Bullying: An Old Threat in a New Avatar

RESEARCH METHODOLOGY

Table of Contents

Abstract...........................................................................................................4
Research Objectives and Questions................................................................5
Research Hypothesis.......................................................................................7
Questionnaire..................................................................................................8
Data Sources.................................................................................................10
Books:.........................................................................................................10
Articles:......................................................................................................10
Cases:.........................................................................................................10
Summaries....................................................................................................11
Book Summary...........................................................................................11
Article Summary.........................................................................................12
Case Summary...........................................................................................13

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Subject

: Law and Human Rights

Area

: Cyber Law, Cyber Security and Human Rights

Topic

: A critical analysis of the existing legal framework to tackle

cyber-bullying

Cyber-Bullying: An Old Threat in a New Avatar

Abstract
Advancements in technology have resulted in the overall development
of the society and have facilitated the free interaction between humans on a
global scale. However, just as a coin has two sides, these technological
developments have a dark side. Apart from the obvious examples of nuclear
warfare and worldwide pollution which have captured global attention,
there are various growing issues that still remain unnoticed. This project
focuses on such an area, which has been a result of the developments in the
field of communication technology: Cyber-bullying, an old threat that was
limited to schools and playgrounds, which has crept its way into the digital
realm, violating the basic human rights. People being subject to bullying of
any kind often feel defenseless to repel or put up a fight against their
aggressors. Cyber-bullying augments a new dimension to this helplessness
with its ability to reach the victims 24/7.
The finger has been pointed towards web-users, parents, teachers,
policy-makers and social networking sites to bring a stop to it. That being
said, to what extent can restrictions be imposed to prevent cyber-bullying?
There has been a lot of debate on filtering technology and measures like
banning social network sites as means to stop cyber-bullying, as they seem
to violate the right to freedom of expression.
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Through this project, the author makes an honest attempt to inform

the readers of the effects of cyber-bullying on children and people across
different walks of life. The project also examines the current approach
towards its prevention and analyzes the debate on the restrictive measures
and the freedom of expression. The author concludes by laying down
suggestive measures that can be adopted by concerned parties who can
make an impact to curb this growing menace.

Research Objectives and Questions

1. To understand the concept of cyber-bullying.

a. What is cyber-bullying?
b. What are the various forms by which cyber-bullying is committed?
c. Who are the victims of cyber-bullying and what is its impact on
them?

2. To analyze whether cyber-bullying violates the basic human rights.

a. What are the rights that are violated by the commission of cyberbullying?
b. In what ways does cyber-bullying affect the right to privacy?
c. How does cyber-bullying result in defamation consequentially
violating the right to live with human dignity?

3. To examine the existing legal framework and the measures taken at

schools and colleges to address cyber-bullying.
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a. What are the existing laws in place in various countries to tackle

cyber-bullying and to consider them as grounds for civil and
criminal liability?
b. What are the measures taken in schools and colleges to combat
cyber-bullying?
c. What are the measures adopted by social networking sites, who
inadvertently provide potential platforms for cyber-bullying, to
prevent it?

4. To delve into the criticism against the various restrictive measures

adopted by different parties to prevent cyber-bullying.
a. Are the existing restrictive methods adopted for curbing cyberbullying effective?
b. Are the schools and colleges justified in adopting these measures
which curtail the right to freedom of expression?
c. Do these zero tolerance policies make things worse by creating
toxic environments that perpetuate cyber bullying rather than
fostering positive or respectful learning environments?

5. To propose/recommend effective regulatory measures that should be

adopted by various parties to stop cyber-bullying.
a. What are the regulatory policies that are required to replace the
existing laws to fight cyber-bullying more effectively?

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b. Owing to the criticism against the various restrictive measures

adopted by schools, social networking sites and internet service
providers, what alternative steps can balance the need for
protection against cyber-bullying and the freedom of expression?
c. What role can the parents play in preventing cyber-bullying since
most of these activities take place on computers at homes?

Research Hypothesis

1. Cyber-bullying is in gross violation of the basic human rights,

particularly the right to live with human dignity and the right to
privacy.
2. Cyber-bullying is not limited to minors, rather it affects people across
all walks of life.
3. The legal framework that is in place to curb cyber-bullying is
inadequate.
4. The restrictive measures adopted to put a stop to cyber-bullying
violate the right to freedom of expression.

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5. There is a lot of finger pointing at each other concerning the duty to

prevent cyber-bullying, when what is actually required is a collective
effort by web-users, parents, teachers, social networking sites and
policy makers towards the same.

Questionnaire
The Questions are posed to parents, teachers, school administrative bodies,
social networking sites, internet service providers and web-users.
1. Are you aware of what cyber bullying is?
Yes

No

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2. Do you agree to the claim that the practice of cyber-bullying results in

the violation of the basic human rights?
Completely

Agree

Not sure

Agree

Disagre

Completely

Disagree

3. Do you think the protection offered by the existing law towards

minors against cyber-bullying should be extended to people across all
walks of life?
Completely

Agree

Not sure

Agree

Disagre

Completely

Disagree

4. Do you believe that parental responsibility can be a better remedy to

prevent cyber-bullying since most of these activities take place on
computers at homes?
Completely

Agree

Not sure

Agree

Disagre

Completely

Disagree

5. Have you adopted restrictive measures such as filtering and banning

in your institution/website/home to deter cyber-bullying?
Yes

No

6. Do you think the schools, social networking sites and internet service
providers are justified in imposing such restrictions to curb cyberbullying?
Completely
Agree

Agree

Not sure

Disagre

Completely

Disagree
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7. Do you agree to the criticism raised against these preventive

measures being violative of the right to freedom of expression?
Completely

Agree

Not sure

Agree

Disagre

Completely

Disagree

8. Do you believe that policy-makers and the laws enacted by them are
the only factors that can make a significant positive impact on the
prevention of cyber-bullying?
Completely

Agree

Not sure

Agree

Disagre

Completely

Disagree

9. Do you think the measures adopted by the social networking sites and
internet service providers to regulate cyber-bullying are inadequate
and are in need of a better protection mechanism?
Completely

Agree

Not sure

Agree

10.

Disagre

Completely

Disagree

Do you believe that a collective effort by all the parties (web-

users, parents, teachers, schools, social networking sites, internet

service providers and policy-makers) is the best and most effective
solution to stop cyber-bullying?
Completely
Agree

Agree

Not sure

Disagre

Completely

Disagree
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Data Sources
The Researcher has relied on primary sources such as articles, books,
journals, case laws and internet sources for drafting the current research
abstracts, questionnaire and the proposed hypothesis.
Books:

Shariff, Shaheen, Cyber-Bullying: Issues and Solutions for the School,

the Classroom and the Home, (New York: Routledge, 2008)

Kowalski, Robin M., et al., Cyber Bullying: Bullying in the Digital Age,
(Massachusetts: Blackwell Publishing Ltd., 2008)

Jaishankar, K., Cyber Criminology: Exploring Internet Crimes and

Criminal Behaviour, (Florida: CRC Press, 2011)

Hinduja, Sameer & Patchin, Justin W., Bullying Beyond the

Schoolyard: Preventing and Responding to Cyberbullying, (California:
Corwin, 2008)

Articles:

Manuel, Rose, Natasha, Cyber-Bullying: Its Recent Emergence and

Needed Legislation to Protect Adolescent Victims, 13 Loy. J. Pub. Int.
L. 219 (2011-2012)

Hayward, John O., Anti-Cyber Bullying Statutes: Threat to Student

Free Speech, 59 Clev. St. L. Rev. 85 (2011)

Butler, Des, et al., Cyber Bullying In Schools and the Law: Is There an
Effective Means of Addressing the Power Imbalance?, 16 eLaw J. 84
(2009)

Cases:

US v. Drew, [259 F.R.D. 449 (C.D. Cal. 2009)]

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A.B. v. Bragg Communications Inc., [2012 SCC 46 (CanLII)]

State of New Jersey v. Dharun Ravi, [New Jersey Superior Court

(2012)]

Summaries

Book Summary

Shariff, Shaheen, Cyber-Bullying: Issues and Solutions for the

School, the Classroom and the Home, (New York: Routledge, 2008)

Shaheen Shariffs Cyber Bullying: Issues and Solutions takes a

comprehensive approach towards the issue of cyber bullying by covering all
the necessary angles. The book highlights some of the issues connected
with cyber-bullying internationally, analyzing the cultural and contextual
differences in the manner in which the youth from different parts of the
world are engaging and considers the legal and policy responses that have
emerged at the global levels to address cyber-bullying. The book is a
valuable guide for educators, policy makers, parents, the media, technology
providers and indeed anyone with a stake in understanding the complexities
of cyber-bullying. It seeks to reconceptualize the way the general public
think about education, student citizenship, socially responsible discourse
and discipline in a digitized world.
The author begins the book by distinguishing cyber-bullying from its
traditional

counter-part

and

delves

into

the

question

whether

the

cyberspace is a battleground or an opportunity. The following chapter deals

with the biological and sociological influences of cyber-bullying on
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childrens behavior. The third chapter talks about a transnational approach

towards curbing cyber-bullying, providing the readers with real-life cases so
that they can have a better grip over the impact of these activities. Next,
the author goes on to examine the power hierarchies among the
stakeholders within school systems that ultimately control what children
learn and express on and offline, pointing it as the primary reason why
typical approaches to address traditional and cyber-bullying do not work.
She then makes a detailed analysis on the debate concerning the balancing
of freedom of expression and the privacy and safety measures in
cyberspace. The book concludes by proposing certain harmonious solutions
that can address the claims of all and that which can ensure a better
protection of children from cyber-bullying.

Article Summary

Manuel, Rose, Natasha, Cyber-Bullying: Its Recent Emergence and

Needed Legislation to Protect Adolescent Victims, 13 Loy. J. Pub. Int.
L. 219 (2011-2012)

Natasha Rose Manuels Cyber-bullying: Its Recent Emergence and

Needed Legislation to Protect Adolescent Victims is one comment among
the very few articles on cyber-bullying that explores all angles of the
growing menace of cyber-bullying. The article focusses on the plight of
adolescent victims of cyber-bullying and highlights the reason for its recent
emergence, by providing real instances and analyzing the impact it has had
on the victims and their families. It examines in depth the existing legal
framework in place to combat cyber-bullying and makes an attempt to
evaluate what impact a federal legislation can have on the prevention of
cyber-bullying with special reference to the Megan Meier Cyber-bullying
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Prevention Act which has been introduced in the House of Representatives,

as the article primarily center on the US position towards cyber-bullying.
The article also clearly lays down the extent of responsibility each
stakeholder has in fighting cyber-bullying.
While Part I of the comment discusses the recent emergence of cyberbullying, analyzing its reasons and its devastating effect on minors, the
subsequent Part discusses why the current laws fail to protect the victims,
against whom these victims can bring a case, why private action is the best
means of obtaining relief and how current means of relief prove insufficient.
The final Part discusses how to criminalize the act and analyzes the failure
of

the

already

proposed

legislation

criminalizing

cyber-bullying.

Additionally, the section also discusses the proposed federal legislation that
would consider the failure of the bill, and recommends federal legislation
that would successfully afford relief to adolescent victims of cyber-bullying.
Considering the dearth of literature on the subject, this article,
though limited to the US scenario, captures all the necessary aspects of
cyber-bullying particularly its impacts on the victims and the society, in a
general tone.

Case Summary

US v. Drew, [259 F.R.D. 449 (C.D. Cal. 2009)]

The case revolves around the commission of cyber-bullying by a

woman named Lori Drew, who created a fake account in the social
networking site MySpace to harass Megan Meier, a 13 year old child,
which ultimately instigated the child to commit suicide. The defendant was
charged with violating the provisions of the Computer Fraud and Abuse Act
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(CFAA) by using a fictitious name and age on the MySpace account as

against the terms of service of the site, and using it to make hurtful
comments. In the instant case, though the jury found that the defendant had
not committed the act with malicious intent, but was guilty of criminally
violating the terms of service agreement, the guilty verdict was later set
aside.
The prosecution argued that the defendants subsequent visits to the
site amounted to unauthorized access as per the terms of the CFAA which
was agreed to by the jury. This can be seen as creative exercise of the
provisions of the CFAA, which primarily targets hacking and trademark
theft. However, the Judge George Wu of the District Court of California
overturned the verdict and clearly stated that the violation of the terms of
service potentially violated the CFAA, however, he noted that these
violations could not be criminal, as to do so would be unconstitutionally
vague. He further observed that taking the breach of a websites terms of
service alone as the relevant consideration for CFAA violations would place
too much control in the hands of the website operators and too little notice
to the website users.
The case is of extreme importance as it lays down the scope of the
cybercrime statutes, with tremendously high stakes for the civil liberties of
every internet user. The case has also resulted in significant legislative
responses as a lot of States in the US have enacted legislations to address
cyber-bullying. An attempt was made to enact a federal legislation (Megan
Meier Cyber-bullying Prevention Act) as well to set a federal standard
definition for the term cyber-bullying. However, the proposal was criticized
as overboard and did not advance.

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