Whenever e-safety is discussed cyberbullying is always at or near the top of the agenda. It is a hot topic with very good reason as you can see from some examples HERE.
A recent Beatbullying survey showed that 28 percent of young people are bullied with a significant number of those bullied for a year or longer.
Traditional bullying is different to cyberbullying and here I borrow a great interpretation from Jennifer Shapka who is an associate professor in the Faculty of Education, University of British Colombia: Traditional bullying, the ‘schoolyard’ kind of bullying, is often associated with three main characteristics: a power differential between bully and victim, proactive targeting of a victim and ongoing aggression. The Internet is the great equalizer. Traditional power differentials, like size and popularity, don’t apply as commonly in cyberbullying and the lines between victim and aggressor are more blurred; it is not unusual for an individual to act in all capacities – bully, victim, and witness – online.
Some states in the U.S. are looking at laws for cyberbullying and I have recently come across this one (which is explained a little better HERE) which essentially puts the emphasis on the school for cyberbullying matters that happen outside of school. If the school is too lenient in its disciplinary procedures and the cyberbullying culminates in tragedy the school may be held liable. I don’t really know what to say to that, I think “unfair on the school” would be the politest phrase I could use.
So what about in the UK? Should we have specific legislation that addresses cyberbullying? I’m sitting on the fence on this one for the moment as I have opinions either side; I’ll briefly explain.
On the one side I am against legislation. Principally for two reasons: cyberbullying is from one young person to another young person. The vast majority of cyberbullying is what we would term teasing. I’m not dumbing that down, the harm is relative to the person receiving it (I’ve been on the receiving end!). But do we really want to criminalise young people in this way? We all live in the real world and we all know that there are overzealous uses of our laws, sometimes to “make an example”. There is also the burden of proof and the mens rea of the perpetrator which would be exceptionally difficult to prove.
Secondly, we already have legislation in place to deal with this: Crime and Disorder Act for public order offences; Malicious Communications Act and Protection from Harassment Act to name a few. So why do we need more legislation when we already have sufficient cover as this girl found out to her horror?
On the other side of the fence, I’m all for new legislation for cyberbullying. Without doubt this is on the increase and it is so incredibly easy for things to get out of hand. As mentioned above I have been on the receiving end of bullying, not cyberbullying, long before we had the internet or mobile phones. A bit of a tease leading to name calling, followed by a slap to the back of the head, escalating eventually to a kick and a punch. Just because it is virtual doesn’t make it any less harmful; in fact in some circumstances it can be more harmful.
Of course we can’t forget the horrendous trauma that parents, families and friends have gone through (and will continue to go through) through the loss of a loved one due to cyberbullying. Quite rightly these people will want justice and it is questionable whether the legislation above can deal with such an event adequately.
What do you think? Should there be UK legislation for cyberbullying or have we got enough legislation to cover it? Are we doing enough e-safety training and awareness with our children and young people so that they really understand some of the devastation that is being caused?