Online Harassment: Knowing Your Rights and Legal

Are you one of the millions targeted by online bullies, trolls, or malicious actors? Recent studies indicate a staggering rise in online harassment, with a reported 40% increase in cyberbullying incidents in the last two years alone (Source: Pew Research Center). Online harassment encompasses a wide variety of behavior, from abusive messages and doxxing to the spreading of false information and threats. It's no longer just a matter of hurt feelings; it's a serious issue with tangible legal consequences. If you’re asking yourself, "How do I protect yourself from online harassment?," this guide is for you. Learn your legal rights, remedies, and steps to stay safe and defend your digital space. We'll explore how to navigate the increasingly complex legal landscape surrounding online safety.

Legal Framework

The legal framework surrounding online harassment is complex and often varies depending on jurisdiction. It’s a tapestry woven from existing laws adapted to the digital age, as well as new legislation designed to tackle specific online harms. Here's a breakdown of some key legal areas:

Defamation Laws: Pre-internet laws regarding libel and slander still apply online. If someone publishes false and damaging statements about you online, you may have grounds for a defamation lawsuit. This includes both written (libel) and spoken (slander) statements made online.
Cyberbullying Laws: Many jurisdictions have enacted specific laws to address cyberbullying, particularly concerning minors. These laws often target repeated harassing behavior and can carry civil or criminal penalties.
Stalking and Harassment Laws: Traditional stalking and harassment laws often extend to online behavior. If someone's online actions cause you fear for your safety or the safety of others, you may be able to seek a restraining order or file criminal charges.
Data Protection Laws (GDPR, CCPA): Laws like the General Data Protection Regulation (GDPR) in Europe and the California Consumer Privacy Act (CCPA) grant individuals rights over their personal data. If someone is doxxing you (revealing your personal information online) or misusing your data to harass you, these laws may provide legal recourse. It's important to understand that these laws impact a person's control over their data which could be the object of harassment. Breaches of these laws may result in investigation by the FTC, in the US, or by the ICO (Information Commissioner's Office) in the UK.
Communications Decency Act (CDA) Section 230: In the US, Section 230 of the CDA provides broad immunity to website operators and social media platforms from liability for content posted by their users. However, this protection is not absolute and does not shield platforms from liability for their own content or for violations of federal criminal law.

Key Legal Issues & Analysis

The legal landscape of online harassment is constantly evolving, presenting several key issues:

The Difficulty of Identifying Anonymous Harassers

One of the biggest challenges in combating online harassment is identifying the perpetrators, who often hide behind anonymous accounts and virtual private networks (VPNs).

Legal Reasoning: While anonymity is sometimes seen as a protected form of free speech, courts have recognized the need to pierce the veil of anonymity in cases of illegal activity, including online harassment. Litigants can often subpoena internet service providers (ISPs) and social media platforms to obtain the identifying information of anonymous users. However, this process can be time-consuming and expensive, and it may not be successful if the harasser is using advanced anonymity techniques.

Balancing Free Speech and the Right to Be Free From Harassment

Striking the right balance between protecting freedom of speech and preventing online harassment is a complex and ongoing debate.

Legal Reasoning: The First Amendment to the US Constitution protects freedom of speech, but this protection is not absolute. Speech that incites violence, defamation, or true threats is not protected and can be subject to legal restrictions. However, determining what constitutes a "true threat" in the online context can be difficult, and courts often apply a high standard before restricting speech. The European Convention on Human Rights (ECHR) also protects freedom of expression (Article 10), but this right is also subject to limitations for the protection of the rights of others, including the right to be free from harassment.

The extent to which social media platforms should be held responsible for the content posted by their users is another major legal issue.

Legal Reasoning: As mentioned earlier, Section 230 of the CDA provides broad immunity to social media platforms in the US. However, there's growing pressure to reform Section 230 to hold platforms more accountable for the spread of harmful content, including online harassment. It is crucial to read the terms and conditions of such platforms and report any violations. Regulatory bodies such as the FTC may also intervene if platforms are not adequately addressing the issue, depending on applicable consumer protection laws.. In Europe, the Digital Services Act (DSA) imposes new obligations on online platforms to tackle illegal and harmful content.

Case Studies or Examples

Doe v. Twitter: In this case, a victim of online harassment sued Twitter, alleging that the platform failed to adequately address the abusive behavior of its users. While the court ultimately dismissed the lawsuit based on Section 230 immunity, the case highlighted the growing frustration with social media platforms' handling of online harassment.
Klen v. City of Loveland: Diane Klen won a $3 million settlement with the City of Loveland, CO, following relentless attacks from commenters in response to the media coverage for her son’s death. The city employees made fun of her loss. In this case, the comments online amounted to harassment and the city employees were involved.
Regulatory Action against Facebook: In 2020, the Federal Trade Commission (FTC) fined Facebook $5 billion for privacy violations, including failing to protect user data from misuse that could lead to harassment. This case demonstrates the potential for data protection laws to be used as a tool to combat online harassment.

Compliance & Best Practices

Here are practical steps you can take to protect yourself from online harassment:

Document Everything: Save evidence of online harassment, including screenshots, messages, and posts. This documentation can be used as evidence in legal proceedings.
Report the Harassment: Report the harassment to the social media platform or website where it's occurring. Many platforms have specific reporting mechanisms for online harassment.
Block the Harasser: Block the individual who is harassing you from contacting you online.
Adjust your Privacy Settings: Review and adjust your privacy settings on social media platforms to limit who can see your posts and personal information.
Consult with an Attorney: If you are experiencing severe online harassment, consult with an attorney to discuss your legal options. A lawyer can help you understand your rights and advise you on the best course of action.
Consider a Cease and Desist Letter: An attorney can write a cease and desist letter to the harasser demanding the unlawful or improper behavior stop, or legal action will be initiated.
File a Police Report: Especially in instances where threats, doxing, or assault and battery are concerned, contacting law enforcement is important because the conduct can be illegal or criminal.

Common Pitfalls & Legal Risks

Failing to Preserve Evidence: Not documenting online harassment can make it difficult to prove your case in court.
Retaliating Against the Harasser: Responding to online harassment with your own harassment can expose you to legal liability.
Misunderstanding Section 230: Many people mistakenly believe that Section 230 provides absolute immunity to social media platforms. This is not the case.

Future Perspectives

The legal landscape surrounding online harassment is likely to continue evolving in the coming years:

Increased Regulation of Social Media Platforms: There's growing pressure to regulate social media platforms more closely and to hold them more accountable for the content posted by their users: legislative change might modify CDA section 230 and the DSA in any jurisdiction.
New Laws to Address Online Harassment: Many jurisdictions are considering enacting new laws specifically designed to address online harassment.
Increased Use of AI to Combat Online Harassment: Artificial intelligence (AI) is being used to detect and remove harassing content from online platforms.

Conclusion

Online harassment is a serious issue with significant legal consequences. By understanding your rights, taking steps to protect yourself, and seeking legal advice when necessary, you can protect yourself from online harassment and defend your digital space. Don't hesitate to consult with a lawyer if you believe you are a victim of online harassment.

Take action now: Learn more about related cyberlaw topics on our blog and consider downloading our checklist for managing online safety!

FAQs

Q: What is the difference between online harassment and cyberbullying?

A: Cyberbullying is generally considered to be a form of online harassment that targets minors. Online harassment encompasses a broader range of harassing behavior that can target adults as well.

Q: Can I sue someone for online harassment?

A: Yes, in some cases. If the online harassment constitutes defamation, stalking, or other illegal behavior, you may be able to sue the harasser for damages.

Q: What should I do if I am being doxxed?

A: If you are being doxxed, report the incident to the social media platform or website where your personal information is being shared, ask them to take it down, and immediately contact the police as applicable. You should also consider changing your passwords and monitoring your credit report for any signs of identity theft. You should also contact an attorney.