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Cyberbullying Lawyer: How to Sue for Cyberbullying with Defamation Laws

October 12, 2019 Posted by Daniel Warner Cyberbullying, Defamation 8 Comments

what is cyberbullying

Cyberbullying is a growing epidemic not only in the United States, but all over the world. Today, children and teens are bullied more on the Internet than in person, thanks to smartphones and social media. The impacts of this kind of harassment can be severe and include depression and suicide. It’s true, Cyberbullying is lethal, but is it viewed as a crime in the eyes of the law? Currently, state Cyberbullying laws are still being proposed and implemented as legislators are now understanding the severity of the situation. In the meantime, there are still other legal methods that victims and parents can use to combat cyberbullying.

What is Cyberbullying?

Cyberbullying is very similar to what traditional bullying is known as, except it exists on the Internet. This makes it hard for parents and teachers to notice, but easy for the victim’s peers to see. Cyberbullying occurs when someone uses a digital or mobile device to harass, threaten, or humiliate another person. Recent statistics have shown that Cyberbullying exists most commonly on the social networking platforms of Instagram (42%), Facebook (37%), and Snapchat (31%).

[SEE: Combating Cyberbullying: Statistics And Solutions]

Is Cyberbullying Illegal?

What states do not criminalize cyberbullying?

Currently, there is no federal law against cyberbullying, but all 50 states do have laws against bullying in general. In fact, every state except Wisconsin and Alaska includes a specific reference to cyberbullying in their anti-bullying laws so the legal issues of cyberbullying depend on the state you reside in since this doesn’t mean that cyber 

harassment is criminalized in all states. Maine, Minnesota, Nebraska, New Hampshire, New Mexico, and Wyoming are the only states that do not criminalize it. Depending on the school district and state, there may also be school sanctions and school policies that discipline cyberbullies.

Moreover, cyberbullying has serious implications for those that are unfortunate enough to engage in this type of abuse. For example, earlier this year, Harvard rescinded its acceptance of Harvard applicant, Kyle Kashuv, because of social media posts and “jokes” he posted in Facebook Groups. The insults included jokes about abusing children, the Holocaust, and racial and ethnic slurs. Notably, he had made the remarks when he was 16 years old, but they were still used against him. Lesson learned: institutions of higher learning are paying attention to the types of people they want to admit, so cyberbullies, be warned.

Using Defamation as a Defense Weapon

When someone is bullying, chances are they may be spreading lies about their victim. This why many victims and parents have been utilizing defamation statutes to combat cyberbullying. It doesn’t always work, but sometimes it does and works very well. So how much can you sue for cyberbullying? Well the use of defamation laws to combat cyberbullying largely depends on the jurisdiction the defamation case is being filed in so the amount depends. If you’ve been wondering “what are the cyberbullying laws” in my state, click the link below. 

[SEE: What Are The Defamation Laws In My State?]

RM Warner Law founding partner, Raees Mohamed had this to say on cyberbullying and defamation: “The question of what to do if you are cyberbullied online does not have an easy answer. But in some serious cases that I have encountered, we will demand accountability from the school, particularly if they knew about the cyberbullying, and demand swift recourse including expulsion from school. Sadly, adults are frequently engaged in cyberbullying too, and in many of my cases, we have been able to use defamation statutes to sue and stop the cyberbully from further harassing my client. If the cyberbullying involves the use of an employer’s resources, such as a work computer, device, or during work hours, the consequences to the cyberbully can be more severe, and lead to loss of employment.”

Consult With A Cyberbullying Lawyer

If you’ve been searching for lawyers that handle cyberbullying, look no further. We help clients in all 50 states so don’t keeping searching for “cyberbullying lawyers near me”. Pick up the phone and call RM Warner today to schedule your consultation, or fill out our contact form with your case matter and we will be in touch soon!

Tags: anonymous defamationdefamationdefamation lawsuit
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About Daniel Warner

As a partner at RM Warner, Daniel focuses the majority of his practice on litigating cases involving Internet defamation, false and misleading advertising/marketing, unfair competition and cyber harassment. Although based in Arizona, Dan Warner has litigated Internet defamation cases in California, Texas, Nevada, Pennsylvania, New York, Georgia, North Carolina and Florida, as well as numerous cases in Arizona. Mr. Warner also works on various contractual, commercial, business, real estate, Internet and Internet marketing matters.

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8 Comments

Leave your reply.
  • hhgiggns@gmail.com' Gay Higgins
    · Reply

    June 9, 2021 at 3:04 PM

    The person cyberbulling me lives in Florida I live in New Jersey. I went to the police station to file a complaint. They told me I had to go to family court since it was my sister. She has sent me haressing email, text and when she calls I hang up. I blocked her from emailing me, texting me and calling me. Now I am getting Restricted phone calls. I do not answer
    The last one was at midnight on June 4th her birthday.

    • Raees Mohamed
      · Reply

      September 15, 2021 at 5:16 PM

      Please fill out our contact firm and we will be in touch: https://rmwarnerlaw.com/contact/

  • jdeppfan2@yahoo.com' Virginia
    · Reply

    June 11, 2021 at 1:37 AM

    My daughter and I are being harassed & this person has stolen my Instagram photos & videos off Tiktok and YouTube to make disgusting content & has made numerous profiles using our photos and videos to harass parents with handicapped children leaving disgusting comments & editing videos calling my daughter and I lovers I have reported these accounts numerous times and other people have also and the account is still up my daughter and I have to AND nothing happens 😡 my daughter and I have over 400 screenshots & videos showing defamation of character can you please help us? I have changed my profile 4 times and so has my daughter the Tiktok Troll account ONE of their accounts is Lucky7rebelene_ with one underscore

    • Raees Mohamed
      · Reply

      September 15, 2021 at 5:15 PM

      Please fill out our contact firm and we will be in touch: https://rmwarnerlaw.com/contact/

  • Codynannie44@gmail.com' Denise K Bunting
    · Reply

    July 7, 2021 at 3:46 AM

    My daughter in law is posting my name and number on Craigslist and Facebook telling people to call and harrass me is this legal ?

    • Raees Mohamed
      · Reply

      September 15, 2021 at 4:48 PM

      Please fill out our contact firm and we will be in touch: https://rmwarnerlaw.com/contact/

      • guadalupebobby1938@gmail.com' Sylvia Richards
        · Reply

        September 22, 2021 at 9:24 PM

        Hello IAM having this problem with cyborbulli ng And harassed they hack my phone and email passwords drop from getting help. They locked my other phone . My home has electronic devices . Several moved in igot these messages .on other phone i had a message threat they will smoke me. But they blocked m phone. They follow me ever where

        • Raees Mohamed
          · Reply

          September 22, 2021 at 10:52 PM

          Please fill out our contact form and we will be in touch: https://rmwarnerlaw.com/contact/

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