I think freedom of speech is the main obstacle. One would have to outlaw hate speech and then classify cyber-bullying as hate speech. But that opens up Pandora's Box as to what classifies as hate speech, and whoever legislated at any given time (including the courts when practicing judicial legislation) would have the power to outlaw whatever speech they found disagreeable.
Notably, freedom of speech has traditionally been considered an essential freedom and one of the fundamental cornerstones making a free and democratic society. However, with the emergence of cyber communication , a new phenomenon known as cyber bullying has been produced influencing the etiquettes of healthy interpersonal relationships. Cyber bullying is defined as willful , repetitive damage inflicted upon individuals through the application of digital devices such as computers, cell phones, etc., which may present several new and troubling problems for various spheres of a community. Most importantly, the phenomenon has resulted in unpleasant consequences, such as grief-induced suicides. Unfortunately, such harms occur frequently because cyber-bullying chooses its victims from among emotionally fragile adolescents. On this basis, cyber bullying and its dire, tragic consequences have turned into one of the most sensitive problems in democratic societies.It seems that though careful planning, cooperation, and education , concerned civic organizations must find some ways to ensure the absolute right of freedom of expression, and at the same time, preserve the rights associated with individual privacy. Until then, the burden to prevent the tragedies caused by cyberbullying appear to influence citizens' most basic human rights.
Dear Kirk MacGregor I know that their are a thin line between preventing cyberbullying and restricting freedoms of speech. you concern about who is legislated to define what is cyberbulling and what is not. In my opinion the social, technological, law, and even regular people should considering as a committee to define cyberbulling criteria choosing method.
Dear Reza Biria I agree with you, freedom of speech and freedom are important in the civil world. Cyberbullying is a tragedies that cannot be solved with out influencing that. But we can use the new technology to prevent bullying act with using detecting algorithm method. no one other the computing machine which using detecting algorithm software will see the multimedia data. This way it is still affecting the freedom of speech because of the conflict of who is authorize to Formulates of the law
I agree with the above mentioned opinions, freedom of speech represents one of the biggest obstacle concerning cyberbullying.
Also, I would like to mention two other problems.
1. If you would like to translate the word "cyberbullying" to your native language, there could be mistranslations, which could affect the society's conception concerning cyberbullying. Such issue occured in Hungary, since some journalist and researchers translated it to online harassment, but cyberbullying is not equivalent to online harassment. Harassment is defined as a crime in our Criminal Code, but cyberbullying is more and different than just harassment. We have worked years to fix this misinterpretation, but to date it seems a slow-motion mission.
2. The lack of a complex definition. Usually, academics, legislators and legal practitioners don't find the same elements as crucial to define cyberbullying. I have conducted a long-lasting research just to find and create a complex cyberbullying definition, in particular attention to the school environment, to merge the standpoints of academia, legislation and legal practice.