keeping you and your family safe

cyberbullying laws

State laws are slowly catching up to the cyberbullying epidemic sweeping the Internet. Many states now have laws specifically aimed at stopping social media bullying. Otherwise, law enforcement must apply existing statutes to cyberbullying situations. While this is possible, it is generally more difficult to prosecute a general law than a statute specifically outlawing inappropriate use of social media to cyberbully. There are no specific federal laws outlawing cyberbullying, but cyberbullies can be prosecuted if their bullying violates civil rights. For help figuring out what to do about these social media laws, see the Your Options page of this website.   

Federal Cyberbullying Laws: 

​Federal law forbids discriminatory harassment based on race, national origin, color, sex, age, disability, or religion. Additionally, federally-funded schools, colleges and universities are obliged to stop cyberharassment or could also face disciplinary action. 

The U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division can invoke any of the following federal statutes:

  • Title IV and Title VI of the Civil Rights Act of 1964
  • Title IX of the Education Amendments of 1972
  • Section 504 of the Rehabilitation Act of 1973
  • Titles II and III of the Americans with Disabilities Act
  • Individuals with Disabilities Education Act (IDEA)

Cyberbullying Laws by State:

​For Example, in Texas: 

  • Texas Education Code Annotated §21.451. Staff development requirements 
  • Texas Education Code Annotated §25.0342. Transfer of students who are victims of or have engaged in bullying
  • Texas Education Code Annotated §28.002. Required curriculum 
  • Texas Education Code Annotated §37.001. Student code of conduct 
  • Texas Education Code Annotated §37.083. Discipline management policies; sexual harassment
  • Texas Education Code Annotated §37.0832. Bullying prevention policies and procedures Texas Education Code Annotated §37.123. Disruptive activities 
  • Texas Education Code Annotated §37.124. Disruption of classes 
  • Texas Education Code Annotated §37.152. Personal Hazing Offense 
  • Texas Education Code Annotated §37.153. Organization Hazing Offense 
  • Texas Education Code Annotated §37.154. Consent Not a Defense 
  • Texas Education Code Annotated §37.155. Immunity from prosecution available 
  • Texas Education Code Annotated §37.156. Offenses in addition to other penal provisions 
  • Texas Education Code Annotated §37.157. Reporting by Medical Authorities 
  • Texas Education Code Annotated §37.217. Community education relating to internet safety 
  • Texas Health and Safety Code Annotated §161.325. Mental health promotion and intervention, substance abuse prevention and intervention, and suicide prevention ​​

For more options, see the Your Options page of this website.   

All information on this website is for informational purposes only and is not legal advice. Ninomiya Law, PLLC and Kent Ninomiya only provide legal advice to clients when there is a valid engagement agreement signed by both attorney and clients. The principal office of Ninomiya Law, PLLC is located in Round Rock, Texas. Ninomiya Law, PLLC is responsible for the content of this website.