Cyberbullying relates to the use of the Internet and its various platforms to harass, intimidate, and bully individuals. Most often, cyberbullying has been identified as a phenomenon with children and students. While our young represent the most vulnerable victims of cyberbullying, cyberbullying actually involves the use of the Internet to harass adults as well. Mudd Law has represented both young and adult victims of cyberbullying through a variety of strategies and tactics.
A number of terms relate to various aspects of cyberbullying. Our firm has substantial experience with all of them. Defamation constitutes the publication of false statements to a third party. False light constitutes the publication of statements that cast a party in a false light among the public. Revenge porn represents the publication of private - often nude - photographs and videos of former partners (boyfriends, fiances, friends, spouses) online. Many states have also enacted statutes to address cyberstalking, cyberharassment, and other related terms.
Regardless of the term, cyberbullying can have devastating effect.
How do we address cyberbullying?
Of course, schools need to adopt policies and procedures to address cyberbullying. Our firm is proud of its association with Bridg-iT
which seeks to help address cyberbulling in schools. We also need to create mechanisms to remove cyberbullying content from the Internet promptly.
Although policy initiatives must continue, our clients obviously require more immediate remedies. Through more than a decade of addressing cyberbullying, our firm utilizes a variety of strategies and tactics.
Removal and Preservation Letters
Hosts of online content such as Facebook and Twitter enjoy immunity under 47 U.S.C. § 230. Consequently, a strongly worded demand letter to these entities might actually have adverse effect. Rather, a guided approach is necessary to secure the cooperation of third party hosts of cyberbullying content. Additionally, we need ensure that the entities preserve the appropriate information should other remedies be necessary.
Where our clients know who posted the content and/or engaged in the cyberbullying, a strong demand letter to the individual may be the most direct and expeditious way to affect the conduct. There exist a number of techniques we employ in these letters depending on the circunstances.
Where we do not know who posted the content, we may need to proceed with John Doe Litigation. Where we do know the individual who engaged in the wrongful conduct, and where other means have not worked or were not appropriate, it may be necessary to file litigation against the individual. Should this be necessary, the litigation must be filed in a way that minimizes any additional harm to our clients.
There exist a number of strategies that depend on the facts and circumstances. But, often times, it will be imperative to act expeditiously to protext our client's privacy and preserve relevant information.
today to schedule your consultation or request a consultation online