Why Cyberbullying Should Not Be Categorized as a Criminal Offense

There is a growing movement to categorize cyberbullying as a criminal offense. While the intention is to protect victims from emotional distress and defamation, the overly broad definition can have serious consequences. In this article, we will explore why cyberbullying should not be treated as a crime, and we will discuss the potential impacts and solutions.

The Impact of Cyberbullying

When someone experiences online harassment, their emotional well-being can be severely impacted. Cyberbullying often results in stalking, defamation of character, and a myriad of psychological issues such as anxiety and depression. The impact transcends merely emotional distress; it can severely affect a person's work, home life, and overall mental health.

Overreaching Legal Definitions and Potential Risks

One critical concern with classifying cyberbullying as a criminal offense is the ambiguity of what constitutes bullying. Currently, any action deemed offensive can be misinterpreted as an act of bullying. This means that individuals, especially those in positions of power or influence, can easily label any negative feedback or criticism as bullying, leading to an overreliance on the legal system.

The consequences of such an approach are severe. When the authorities are involved, investigations can become lengthy and costly, leading to personal and professional upheaval for both parties. Additionally, the victim who reports such actions may face a hostile response from the alleged perpetrator, who might retaliate or attempt further harassment. This situation can escalate into adversarial court proceedings, which do not necessarily address the core issues but instead place a burden of proof on an individual already in distress.

Clear Definition of Cyberbullying and Freedom of Speech

A more viable approach is to clearly define cyberbullying as a punishable offense. This would involve distinguishing between actions that cause real harm—such as physical threats, defamation that leads to job loss or academic expulsion—and those that are merely upsetting, which fall under the realm of freedom of speech.

Threats to harm, spreading lies that result in professional or academic repercussions, and harassment that leads to tangible harm should be treated as serious crimes. These actions can have direct, negative impacts on individuals and should be subject to appropriate legal measures. However, speech that causes emotional distress but does not meet these criteria should remain within the bounds of free expression.

A Case Study: A Victim's Struggle

One such example is a victim of cyberbullying by a narcissistic ex-partner and his mother. This individual described the experience of facing relentless cyber harassment through fake accounts, which led to a protracted legal battle. During court hearings, the primary challenge was proving that the harassers were indeed behind the screens, making it difficult to secure a conviction.

The victim eventually found a way to gather evidence by recording phone calls and screenshotting video conversations. This method helped in documenting the manipulative behavior, leading to the involvement of the police. However, the experience underscores the limitations of relying solely on the legal system to resolve such issues. It was a tedious and draining process that required significant effort and resources.

Conclusion

While the well-being of individuals who experience cyberbullying is paramount, categorizing it as a criminal offense can lead to unintended consequences. Instead, a more nuanced approach is needed—one that clearly defines cyberbullying and respects freedom of speech. By doing so, we can create a supportive environment that addresses real harm while protecting the rights of all individuals.