Monday, April 28, 2014

Cyber-bullying

Case Study #2


This certainly is a case of cyber-bullying because it fits within the definition of cyber-bullying by the the Cyber-bullying Research Center that cyber-bullying is “ when someone repeatedly harasses, mistreats, or makes fun of another person online or while using cell phones or other electronic devices”.(Constitutional Rights Foundation,p. 1, 2010 )   The Myspace page “Marla Go Home” is set up purposely by a student to electronically harass another student by inviting others to post derogatory messages about Marla.  The page and the post contained on the page have a negative effect on Marla’s self-esteem causing her to leave school early and stay out of school for several days.  This page was created on school property in the computer lab.  For this reason, the student responsible for setting up the page should be suspended for two weeks from school.  All other students who contributed to the page in a derogatory way should be suspended for three to five days depending on the severity of their post.  The creator of the page is susceptible to a civil lawsuit as he violated the personal rights of Marla through the “intentional infliction of emotional stress and defamation”. ( Constitutional Rights Foundation,p. 3, 2010) A successful civil suit would likely result in monetary damages being awarded to Marla.   It would be possible but difficult to convict the student of any criminal laws pertaining to threats or harassment.  While there seems to be no threat made upon Marla’s life, it would be possible to find the student guilty of harassment.    

Case Study # 3


This is a definite case of cyber-bullying because students used the internet to create a disparaging and difficult environment at school for Alex by creating a fake Facebook page and insulting other students under the pretense of his name.  The students who created the page did so outside of school, but the effect of the page was a negative and dangerous school environment for the victim.  Since the effects of the page had a direct impact on Alex’s school environment, the creators of the page should be disciplined by the school. Both student’s should both be suspended from school for two weeks, because they not only had a negative impact on Alex’s life, but also the life of those that were made fun of on the page and responded in violence as they will be suspended from school as well. The two boys who created the fake Facebook page will be found guilty of identity theft in the court of criminal law because they stole the identity of Alex by creating a page under his name without his permission.  They will also be susceptible to monetary penalties in civil court because they recklessly caused emotional distress in Alex’s life.  


Bibliography:

1.  Constitutional Rights Foundation. (2010). Cyberbullying: Law and policy. Retrieved from http://www.crfcap.org/images/pdf/cyberbullying.pdf


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