Understanding Michigan’s Cyberbullying Law (MCL 750.411x)

Understanding Michigan’s Cyberbullying Law

With the ever-expanding digital landscape, cyberbullying has become a harsh reality for many. Michigan, recognizing its seriousness, has established specific laws to address this issue.

Here’s some things you need to know

What does the law say?

MCL 750.411x defines cyberbullying as posting a message in a public online forum about someone with the intent to threaten them with violence. This means simply posting something mean online doesn’t qualify as cyberbullying under this law.

However, if the post expresses a clear intention to harm the person, putting them in fear of bodily injury or death, it might be considered cyberbullying.

Definition

  (6) As used in this section:

(a) “Cyberbully” includes posting a message or statement in a public media forum about any other person if both of the following apply:
  (i) The message or statement is intended to place a person in fear of bodily harm or death and expresses an intent to commit violence against the person.
  (ii) The message or statement is posted with the intent to communicate a threat or with knowledge that it will be viewed as a threat.
  (b) “Pattern of harassing or intimidating behavior” means a series of 2 or more separate noncontinuous acts of harassing or intimidating behavior.
  (c) “Public media forum” means the internet or any other medium designed or intended to be used to convey information to other individuals, regardless of whether a membership or password is required to view the information.

What are the penalties?

A first offense is punishable as a misdemeanor with up to 93 days in jail and a $500 fine. If the offender has a prior cyberbullying conviction, the penalties increase to a maximum of 1 year in jail and a $1,000 fine. Remember, these are just the legal consequences; cyberbullying can also have lasting social and emotional repercussions.

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What can you do if you’re cyberbullied?

If you encounter cyberbullying, don’t engage. Report the incident to the platform where it occurred and keep evidence like screenshots. Consider talking to a trusted adult or seeking help from organizations like Cyberbullying Research Center or StopBullying.gov. Remember, you’re not alone.

Staying safe online:

  • Think before you post: Consider the potential impact of your words before hitting “send.”
  • Respect others: Treat everyone online with the same respect you’d show in person.
  • Protect your privacy: Be mindful of what personal information you share online.
  • Report cyberbullying: Don’t be silent; report incidents to the platform and seek help if needed.

MCL 750.411x serves as a safeguard against online threats, but remember, online safety is a shared responsibility. By understanding the law, respecting others, and reporting harmful behavior, we can create a more positive and inclusive digital space for everyone.

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Disclaimer: Please remember that the information provided in these legal tips and articles is for educational purposes only and should not be considered legal advice or an agreement for legal services. Laws are subject to change, and interpretations can vary. While we strive for accuracy, legal information can be complex and may not apply to your specific situation. Reading this information does not establish an attorney-client relationship. It is crucial to consult with a qualified attorney to discuss the specific facts of your case before taking any action or making any decisions.

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