What is cyberbullying and what are the legal implications?

Cyberbullying is the use of technology to harass, intimidate, or otherwise harm another person. It can involve posting derogatory or embarrassing material about someone online, sending threatening or obscene messages, spreading rumors, taking compromising photos or videos of someone, and more. Cyberbullying can happen anywhere, including on school grounds. In California, the legal implications of cyberbullying are addressed under the Education Code, which states that a student who sends, posts, or otherwise disseminates “harmful matter” can face disciplinary action from the school district. "Harmful matter" is defined as material that is “obscene, libelous, or slanderous.” It is also a crime under California Penal Code Section 653.2, which makes it a misdemeanor to intentionally use electronic devices to annoy, abuse, threaten, or harass someone else. Schools are also encouraged to create policies aimed at preventing cyberbullying. These policies should outline the expectations for students, staff, and parents in preventing, recognizing, and reporting cyberbullying. Schools may also provide educational programs and resources to help students understand the impacts of cyberbullying and the importance of being respectful online. Ultimately, the best way to prevent cyberbullying is to be aware and respectful of other people online. People should be careful what they choose to post, as it can have serious legal and social consequences.

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