© Tom Davison / PhotoXpress
“Cyberbullying” is described on Wikipedia as the “use of the Internet and related technologies to harm” another person “in a deliberate, repeated and hostile manner.” In Tennessee, if a cyberbully is charged with a crime, it is usually criminal harassment. While some states have adopted specific cyberstalking and internet harassment laws, the Tennessee General Assembly has broadened its general harassment statute to cover internet communications. A person commits the crime of harassment in Tennessee if they intentionally threaten, by telephone, in writing, or by electronic communication, to take action known to be unlawful against any person and by such action knowingly annoys or alarms the recipient.
Although harassment may still occur over the phone and through the mail, most harassment charges now arise from emails, texts or posts on internet sites such as Facebook or Twitter. A person also commits harassment if they transmit (or display) a photo, picture or other image to another person without a legitimate purpose and with the intent that the image be a threat of harm to the victim. It is the perception that cyberbullying is something that primarily happens among children and young adults, and it definitely does; however, harassment charges are also common in divorce, post-divorce and other domestic disputes, employment environments and other emotionally charged situations.
In order to constitute harassment, it is also a requirement that “a reasonable person would perceive the communication to be a threat of harm.” Although you may assume that you know a threat when you see one; it is impossible to anticipate how all communications will be perceived different recipients. Posts are made and emails are sent daily that may appear to be threatening, but that were intended to be in jest or as a parody. Also, depending on whether you are blogging, commenting, tweeting or posting on Facebook other social media sites, you may have additional First Amendment rights and protections from criminal charges. However, is important to think about the ramifications of what you send before you hit “send,” “share,” or “post.”
