Cyberstalking Laws and Your Site’s Terms of Service

Cyberstalking Laws and Your Site’s Terms of Service

Laws to prevent cyberstalking and cyberbullying, defined as the use of electronic technology, including the Internet, to harass, stalk, intimidate, or harm a person or persons, are in their infancy. However, high-profile cases involving suicide, school shootings, and other tragedies, have put pressure on legislators pass legislation and adopt policies to keep users safe.

So far, most laws have been written at the State level, treated as a civil matter rather than a criminal one, and primarily aimed at cyberbullying in schools while placing enforcement in the hands of school officials. In non-school-related incidents, lawmakers and law enforcement officials are relying on existing harassment and bullying laws and adding penalties if it is done via electronic technology and devices. Depending upon the severity of the cyberbullying act, criminal charges can be filed. Some charges associated with cyberbullying include hate crimes, impersonation, and harassment under the Computer Fraud and Abuse Act.

If you have a website with areas where users and members interact with you or each other, your Terms of Service must have a section that deals with cyberbullying. You need to define it, provide tips on how to avoid it, and outline the consequences of this type of Terms of Service violation.  On the site itself, users should have a way of reporting cyberbullying, or any other violation of the Terms of Service, to site admins and moderators.  One of the best examples of a cyberbullying policy is that recently posted on YouTube.

No matter where cyberbullying takes place, your site needs a team of monitors ready to take swift action.  Mzinga moderators are trained and have many years of experience in handling the complicated issues associated with cyberbullying.  Do you want to keep your users safe from cyberbullies?  Your first action is to give us a call.