What Parents Need to Know About Michigan Cyberbullying Laws

While bullies have been around for centuries, cyberbullying is relatively new and much more harmful to its victims. Armed with a smart phone and social media account, a cyberbully can spread vicious slurs to multiple recipients in seconds. And, the targets of these digital attacks often suffer devastating consequences. More than 60% of tweens and 70% of teenagers say they’ve experienced some form of online bullying, according to the Pew Research Center. Fortunately, our legislators passed a law, effective March 27, 2019, to prohibit this destructive practice and punish the perpetrators. Here is what parents should know about the Michigan cyberbullying law.

What is the legal definition of cyberbullying in Michigan?

Michigan cyberbullying law, according to Michigan House Bill No. 5017, states that cyberbullying is when someone uses a public media forum to threaten, intimidate or harass another person, causing emotional distress or harm.

In addition, the following conditions must also be present:

• The bully intends to create fear of bodily harm or death, and expresses an intent to commit violence against the recipient.
• The bully posts the message with the intent to communicate a threat, or with knowledge that it will be viewed as a threat.

Cyberbullies generally use social media sites such as Instagram, Facebook, Snapchat and Twitter to target their victims.

In addition, schools are required by law to adopt and adhere to anti-bullying policies.

What are the punishments associated with Michigan cyberbullying law?

• A first-time cyberbully can be charged with a misdemeanor, punishable by a maximum fine of $500 and/or up to 93 days in jail.
• A cyberbully who was previously convicted of the same offense could be subject to a maximum fine of $1,000 and/or up to one year in jail.
• A cyberbully may be charged with a felony if there is a continuous pattern of harassing or intimidating behavior that causes serious injury. If convicted, the perpetrator may be fined up to $5,000 and/or sentenced to prison for up to five years.
• If the victim dies, including dying by suicide, because of the continued harassment or intimidation, the cyberbully could be sentenced to prison for up to 10 years and/or fined up to $10,000. 

How does cyberbullying affect victims?

Unlike in-person confrontations, cyber-slurs can spread to hundreds or thousands of people in a short time. And, while victims can remove harmful posts from their own social media pages, they cannot stop others from re-posting the malicious messages. What is more, individuals in the LGBTQ community and those on the autism spectrum are more frequently targeted.

Victims of cyberbullying can suffer a variety of serious and long-lasting consequences, including: 

• Depression
• Anxiety
• PTSD (Post-Traumatic Stress Disorder)
• Social isolation
• Academic failure
• Physical illness or health problems
• Self-harm
• Suicide

What signs should parents look for?

The following signs may indicate your child or teen is being cyberbullied:

• Skipping school or asking to stay home
• Difficulty sleeping or spending excessive time in bed
• Decreased academic performance
• Loss of interest in activities they previously enjoyed 
• Frequent health problems such as stomach pain or headaches
• Changes in eating habits, including loss of appetite or binging
• Becoming upset while using their smart phone or computer

What are Michigan parents’ legal rights if their child experiences cyberbullying?

The Michigan cyberbullying law does not cover every situation. However, if you suspect your child is being victimized online, you may have other legal recourse. Here are some steps you can take:

• First, talk to your child.

Ask specific questions and listen to the answers. Gather as much information as you can. Ask your child directly if they have been thinking about suicide. If so, consult a mental health professional as quickly as possible.

• Consult an experienced personal injury lawyer.

Even if an act of cyberbullying is not illegal, you may be able to receive compensation by filing a civil lawsuit. If the bullying occurred on school grounds, or involves school-issued computers or devices, the school may also be liable.

• Finally, teach all children that it’s wrong to participate in bullying.

If they see a bully in action, encourage them to report the incident to a school official or other trusted adult.

Michigan law is complicated, but finding the right lawyer is simple.

Call 1-800-CALL-SAM today for a free, no-obligation consultation.

Sources:

https://www.michigan.gov/ok2say/0,5413,7-366-86299_87813-335503–,00.html

https://www.freep.com/story/news/local/michigan/2019/03/25/michigan-cyberbullying-bullying-illegal/3266178002/

https://www.bark.us/blog/how-to-stop-cyberbullying/