Cyberbullying debugged

David’s Law proposed to end internet harassment

Cyberbullying+debugged

Donovan Murphy

Emma Sipple, LJ Haider, and Jack Padgett
December 14, 2016

David’s Law Fast Facts

  • It will give school districts greater latitude to place students in a disciplinary alternative education program or to expel students for certain very serious bullying behavior, such as coercing a child into committing or attempting to commit suicide
  • It will allow law enforcement, through subpoenas, an increased ability to unmask anonymous social media users who send threatening messages or make threatening posts.
  • It will focus on providing additional counseling and rehabilitation services to the victim and the aggressor.
  • “Cyberbullying” means bullying that is done through the use of electronic communication, including through the use of a cellular or other type of telephone, a computer, a pager, a camera, electronic mail, instant messaging, text messaging, a social media account, or an Internet website.
  • It will require school districts to develop a system to anonymously report bullying and threats.
  • It will give school districts the ability to investigate bullying off campus if it materially affects the school environment, and it will allow schools and law enforcement to collaborate on investigations.
  • It will require school districts to include cyberbullying polices in their district polices on bullying and notify parents if their child has been the victim of bullying or is the alleged aggressor.

“We hope this will lay the groundwork for other states to follow the lead when they convene for their legislative sessions,” Monning said.

A proposed law to make cyberbullying a misdemeanor in Texas is being pushed by two San Antonio legislators. David’s Law, named after former Alamo Heights student David Molak, will focus on cyberbullying on school campuses, school activities on or off campus, and school buses or vans.

“It will make it a misdemeanor to electronically harass or bully anyone under the age of 18 through text messages, social media, websites, apps, or other means,” State Senator José Menéndez said.

The bill will be considered in the next legislative session, which opens Jan. 10.

Molak killed himself on Jan. 4 after he was bullied online.

On Dec. 15, 2015, Matt Vasquez of San Antonio had been harassed by anonymous online accounts. The attacks were full of cruel language and encouraged Vasquez to kill himself for having leukemia. When his parents tried to get help from his school, administrators said there was little they could do.

“Texas laws need to keep pace with evolving technology,” Menéndez said. “Students like David Molak and Matt Vasquez were being harassed and threatened on social media not in the gym locker room. David’s Law will empower school administrators and law enforcement to go after and reprimand the bullies who prey on students, while focusing on rehabilitation.”

A task force will monitor police reports of cyberbullying. If caught, an offender could feel legal repercussions.

To prevent the law from being abused by others, claims will be thoroughly checked.

“The police department and school will work together to ensure bullying did in fact occur,” said Kolby Monning, spokesperson for House Rep. Ina Minjarez.

If a person is bullied from out of state, the law will have no power to interfere because it would only apply to Texas. Monning, however, said David’s law was just a beginning.