Teen attitudes have long been scrutinized by scientists and inquisitive adults, and findings over the years indicate bullying is no new trend. Even before the internet, teens found ways to express themselves and torment others. Today, however, experts note how substantially adolescent behavior has been transformed by technology – particularly when it comes to how they treat one another.
Tech, the internet, and social media have made it possible for young people to be even more audacious in their bullying. Teens are not only subject to bullying but also cyberbullying, which can be significantly more difficult to cope with and contend with when you are hoping to hold liable parties accountable.
Fortunately, state and federal organizations recognize the dangers of bullying and cyberbullying and have taken steps to punish those who torment teens on social media with criminal charges.
Those accused of bullying online may require the legal advice and support of a trial-tested Columbus criminal defense lawyer with Koffel Brininger Nesbitt to clear their names of the charges against them.
Arizona Bullying Statistics
A recent article from the Pew Research Center takes a deep dive into the role smartphones and social media play in teen bullying. These roles have given rise to the phrase “cyberbullying.” Some of the most notable takeaways include:
- According to Pew Research, less than half of all teenagers in the U.S. owned smartphones in 2013. By 2018, that rose to 95%, with close to half of teens saying they use them constantly. The most popular platforms? Social media and shareable content, such as Instagram, Snapchat, and YouTube, are also available.
- At the same time, social media use rose among teens, and data from the CDC showed an increase in teen suicide rates.
In response to these trends, awareness about cyberbullying and efforts to curb it have grown. From bully-blocking apps and Former First Lady Melania Trump’s anti-cyberbullying initiative to growing research and educational campaigns, the issue has become a focus. However, the internet’s numerous outlets for expression provide a pervasive and powerful platform for bullying that shows no signs of slowing.
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The Rise of Social Media Coincides with Increased Reports of Bullying
According to ASIS International, bullying has been a major issue in public schools, work environments, and institutions as far back as the 1980s. However, before the rise of technology and social media, bullying was limited to these environments. Now, bullies continue to torment their victims 24/7, online and on social media.
In the past, being around family and friends in the comfort of your own home would be enough to protect you from bullies. However, these days, teens continue to be bombarded with harassment, even from the places where they are supposed to feel safe. According to the Cyberbullying Research Center, the rates of bullying increased dramatically with the rise of social media and the Internet.
Understanding why bullying and cyberbullying continue to be a major cause for concern is necessary, particularly if you or your child has been accused of engaging in bullying behaviors or harassment. Cyberbullying is more than just a lack of Internet etiquette. There must be intent to cause emotional distress, extreme financial losses, injury, or death for criminal charges to apply.
Bullying vs. Cyberbullying
A “bully” is someone who attempts to harm or torment someone they consider to be weaker than themselves. Over the last 30 years, bullying was often considered something that was “normal”. The movies would depict bullying as a tougher, “rebel” student shoving the “nerd” into a locker or stealing their lunch money, for example.
While this may have been the early stages of bullying, the rise of technology and social media has transformed the way bullies target their victims. Instead of physically harming the alleged victim, bullies are using social media and the Internet to cause extreme emotional distress. This can be particularly devastating for teens whose brains have not yet fully developed and are more likely to feel as though their bully’s torment is earth-shattering.
Defining Bullying and Cyberbullying
According to Piedmont Medical Center, bullying is defined as the “unwanted, aggressive behavior among school-aged children that involves a real or perceived power imbalance.” Bullies will often zero in on specific individuals that they believe are weaker than them to make themselves feel stronger or more powerful. Bullying itself can be physical or emotional and often involves repeated attacks.
However, cyberbullying is a little different. It is not the same as in-person bullying. Cyberbullying specifically involves the use of digital technology, the Internet, email, social media profiles, and other digital spaces.
Instead of stealing your lunch money or shoving you into a locker, cyberbullies can use fake profiles to infiltrate your friend’s group, post fake or embarrassing videos or photos, and spread false rumors.
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What Is Cyberbullying?
For cyberbullying to occur, the perpetrator must intend to cause harm to the victim through the use of a digital device or platform. While the bully may not punch, kick, or physically attack their victim, those who are subjected to cyberbullying may be attacked by others after information has spread online or be so devastated by the bullying that they engage in self-harm or commit suicide.
It seems that the more the world is connected, the greater the instances of bullying and cyberbullying.
Interestingly, according to the National Center for Education Statistics, up to 22% of students report experiencing bullying on an app or social media site. 52% of teens report being bullied while playing video games online, according to Mary Elizabeth Ballard, Department of Psychology, Appalachian State University.
While technology has been a great way to open up lines of communication and connect with people across the world, it has also fostered a sense of empowerment for those who feel they can hide their mistreatment of others behind a phone or computer screen.
According to the American Academy of Pediatrics, cyberbullying is one of the most common risks online for young adults. Not only are teens subject to bullying, but they may not even know who is bullying them since people can create fake profiles, email addresses, and phone numbers to harass their victims. It can also be more difficult to identify bullies since tracing the spread of misinformation or false accounts may be difficult or impossible without government intervention.
Bullying, Meet Technology
Being able to communicate with others online has increased the reach of bullying and cyberbullying. Now, teens may find it far more difficult to avoid bullies, as they are not only in schools. Many teens report experiencing bullying through:
- Online comments
- Social media
- Email accounts
- Internet forums
- Chat programs
- Text messages
Now that up to 97% of people have some type of digital device, according to Statista, it is much easier for bullies to destroy their victims’ lives by spreading false information or altered videos or photos and distributing them to those most important to the victim.
When social media and electronic devices were still new, parents and schools may not have been aware of what their children were doing and how often their kids were experiencing bullying or abuse.
However, over the last 15 years, as more and more children committed suicide or attempted to commit suicide after being harassed or bullied, there is some expectation that schools and parents will hold bullies accountable and prevent bullying.
Bullying Evolved Across Social Media Platforms
Bullying first became a problem online when chat rooms were introduced. However, as social media and other apps became more popular, these devices and access to these platforms became more and more common. With 95% of teens having access to smartphones and computers, according to Pew Research Center’s 2023 survey, it can be difficult for victims to escape their bullies.
Teens do not feel like they can just stay off social media or shut down their computers. They are so consumed with their lives online that it can feel as though their Internet life is their real life. When they are bullied, harassed, or abused, it can quite literally become their whole world.
Parents seem to have less access to their children’s lives online as well, according to TIME Magazine. They may fail to keep a close eye on what their kids are doing or remain blissfully unaware of what their child is up to, as teens have been able to hide their online activity via spoofed phone numbers, hidden apps, and fake profiles. IPSOS Public Affairs states that cyberbullying on social media is the most common method of bullying as of 2024.
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Bullying Takes Multiple Forms Online
Since bullies can attack their victims online anonymously, they have developed new ways to torment teens. This goes beyond simple harassment. According to SafeHome.org, “doxxing,” or the practice of obtaining someone else’s personal information, such as their Social Security number, phone number, or address, and posting it for the world to see, is one of the most common types of bullying online. Other forms of bullying include:
- Creating fake profiles
- Pretending to be someone they are not
- Impersonating The victim’s friends or family via catfishing
- Circulating embarrassing or compromising images
There are also situations in which criminal charges may apply. For example, teens may share nude or explicit photographs while dating or in relationships.
If one teen sends these images to their friends or makes them public, they can be charged with revenge porn under Ohio Revised Code §2917.211, which can be a first, second, or third-degree misdemeanor, punishable by up to 180 days in jail and fines of up to $1,000.
Bullying Can Have Devastating Consequences
While bullying may have previously been seen as a “rite of passage,” bullying in the age of social media is much different. Bullies are increasingly cruel and will often continue to torment their victims at all costs. Those subject to bullying and cyberbullying online often experience far more devastating consequences and psychological distress.
Bullying Can Be Emotionally Traumatizing
For kids and young adults who are being bullied online, the stress and torment can continue to follow them even when they are not at school. The emotional distress can often be overwhelming for teens and lead to the development of extreme anxiety, depression, self-esteem issues, self-harm, or even suicidal thoughts.
It is not unusual for victims of bullying and cyberbullying to feel physically ill more often, suffer poor performance at school, or fail to maintain close relationships with family and friends.
This can be made worse when the teenager does not know who is harassing them. Not only can they begin to distrust those closest to them, but they may find it more difficult to hold the bully accountable since they have remained anonymous thus far.
Teens who are subject to bullying on social media may be more likely to abuse drugs or alcohol, according to the National Library of Medicine. They may have difficulty maintaining a strong social life and experience physiological symptoms as well. Children who are being bullied may become increasingly nervous, suffer from headaches, engage in self-harm, or experience nausea or stomach pain, as described by Children’s Health.
Long-Term Effects of Bullying on Social Media
Removing your children from school may do little to reduce the harmful effects of bullying online. Teens may experience low self-esteem for the rest of their lives after being bullied. Other common long-term effects of bullying on social media include:
- Feelings of worthlessness
- Insomnia
- Poor work performance
- A sense of hopelessness
- Suicidal ideation
- Chronic fatigue
- Substance abuse
Taking Action Against Bullying
There is no denying bullying and cyberbullying should be taken seriously. There is no federal law that prohibits bullying, but there are several laws at the state and federal level that make specific behavior criminal and allow those who facilitate or fail to prevent bullying or harassment to be held accountable. It is up to teachers, social media platforms, and parents to get involved and take actionable steps to stop and prevent bullying.
Despite the fact that bullying on social media has been an issue for years, legal statutes can be difficult to enforce, especially since cyberbullies are skilled at keeping their identities hidden.
Parents may also find it difficult to keep a closer eye on what their children are doing online while maintaining their teen’s privacy. This type of inconsistency is what allows cyberbullying to continue to be a serious issue across not only Ohio but the entire country.
Social media platforms in particular should be taking action. Unfortunately, those who use social media argue their right to free speech. For this reason, more and more social media platforms, including Instagram, Facebook, X (formerly Twitter), and TikTok should be developing and implementing comprehensive policies and tools to identify problem situations and keep teens safe.
How Social Media Serves as a Breeding Ground for Teen Bullying
We need to understand how social media can impact teen bullying. For this reason, researchers have explored a number of factors. Some of the top ways social media can facilitate bullying include:
- Sharing magnifies impact – Though it may include chat-based direct messaging and texting, cyberbullying has expanded across multiple platforms that, according to ASU researchers, can be used to strengthen victims’ shame. An embarrassing photo posted online can be devastating for a teen, but when that photo is shared or liked tens or hundreds of times, the impact of a single bullying act is magnified.
- Anonymity – Social media allows more teens to engage in bullying behaviors they might not otherwise have engaged in without the anonymity provided by a username. Researchers say factors of traditional face-to-face bullying (such as physical size or social status) are largely insignificant behind the screen. The result: teens who have historically been less likely to bully in person may be more likely to do so online.
- Mob mentality – Experts have noted how people who speak and act as parts of online communities or groups often behave in ways they would not as individuals. It’s a lot like mob mentality, where there’s a much lower sense of personal responsibility.
- Images and videos – Smartphones offer access to high-quality image- and video-capturing capabilities that, although great for the memories, can also be used to intensify bullying and preserve experiences of torment that can then be shared.
These are only a few examples of ways the Internet and social media have changed the way bullies mistreat and abuse their victims. For bullies and those who facilitate bullying to be charged criminally, the offense must meet specific criteria, which can vary widely depending on the type of crime that has allegedly been committed.
If you or someone you love has been accused of bullying or is being victimized by a bully, Koffel Brininger Nesbitt may be able to help.
How to Prevent Bullying Online
Preventing cyberbullying should be a top priority for school administrators, teachers, and parents alike. There are certain steps these parties can take to not only protect teens but also identify bullies and hold them accountable. These include:
- Know what your kids are doing online – Parents should be monitoring who their children interact with online and which sites their teens are visiting. Parents should be encouraging trustworthiness and honesty with social media use.
- Setting clear safety rules – Be clear with your kids about which social media sites they can use and which websites or platforms they should stay away from. Teach kids that they should not be sharing images or information about themselves or others that could be harmful or embarrassing. Remind your teens that any information shared online is permanent.
- Staying informed about school bullying policies – Many schools across Ohio have implemented policies on bullying and students’ use of school technology. If a student violates these rules or regulations while on school grounds or through the use of school devices, they could face disciplinary action.
Bullying Is an Issue for Schools and Courts
As of now, there is no federal law prohibiting bullying, either online or in person. It is an issue addressed by states, where a patchwork of laws and school system policies govern procedures for investigating and addressing incidents. In many states, lawmakers are beginning to propose and pass legislation directly targeting cyberbullying.
Arizona, for example, makes it a potential misdemeanor. The consequence carries more than just an injunction prohibiting contact with victims. Still, experts and advocates are torn between whether schools or courts should handle the crackdown on cyberbullying.
Ohio has implemented several laws making bullying, harassment, and cyberstalking illegal. Those accused of any of these criminal acts could be charged with a first-degree misdemeanor. If convicted, they could expect to spend up to 18 months in jail and fines not to exceed $5,000, depending on whether they were charged under Ohio Revised Code §2917.21 or Ohio Revised Code §2903.211.
Freedom of Speech and Bullying in Schools
Many have called attention to the First Amendment right to freedom of speech. Although it excludes defamation, obscenity, and threats to incite lawlessness, it can be highly subjective for juries and judges.
While some say there is a need to create a new category of speech beyond what’s currently excluded under the First Amendment, others have likened the issue to the Second Amendment.
Though guns pose risks and can cause deaths, protections still exist because of the Constitution. Similarly, though people may be impacted negatively by the right to free speech, that right is enshrined in the First Amendment. Free speech arguments aside, there are still ways for teens to find themselves in major trouble with the law:
- Title IX regulations can be implicated in matters involving sexual assault and harassment.
- Images and videos, which do not fall under free-speech protections, can give rise to crimes involving child pornography or revenge porn.
- Criminal charges for telecommunications harassment, menacing by stalking, and other similar offenses.
Columbus Attorneys Defending Teens & Young Adults
While lawmakers and educators debate over the most effective ways to address cyberbullying, the legal gray areas and lack of clarity that exist now can pose significant risks to teens accused of conduct that exposes them to disciplinary action from schools or serious criminal charges – both of which can come with life-altering consequences.
At Koffel Brininger Nesbitt, our legal team has an active practice defending young clients in high school and college cases involving Title IX, cyberstalking, sex crimes, hazing, and other criminal offenses.
Call our law office or contact us online to speak with a premier Columbus criminal defense attorney about your case and defense.
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