Albany County Executive Dan McCoy has approved a new cyber-bullying law, after a previous law was struck done this summer by the state Court of Appeals.
The court ruled that the old law was too broad and violated the free speech clause of the First Amendment. It encouraged the county come up with a more focused law that would only apply to minors.
“This is a growing problem for children, and it is our responsibility to do all that we can to protect them,” said McCoy in a statement. “The technology is moving at lightning speed, and we have to do something to protect kids. Technology is great, and it has improved our lives in many ways, but there is a downside.”
Unlike with the previous law, this time, legislators voted to reduce the age of potential victims to under the age of 18. Language was also changed that would make it so two or more incidents would need to occur in order for the law to be violated. This was done to prevent teens from being arrested if they made a one-time off-color comment online or something was taken out of context.
According to a statement from the county, “The new law will provide law enforcement with a way to prosecute those who by ‘electronic means’ post statements on the internet or through a computer or mail network, ‘with the intent to inflict emotional harm on a minor; sexually explicit photos, private or personal information or false sexual information with no legitimate public, personal or private purpose.”’
Those who violate the law will be charged with a misdemeanor and face up to a year in jail and a $1,000 fine.
According to McCoy, cyber-bullying is a major concern to him because he is a father.
“Kids are using new apps that provide anonymity and a sense that what they are saying or doing has no lasting impact on themselves or others, but it really does,” said McCoy. “More than half of the kids surveyed by the federal government report that they’ve been cyber-bullied, and those who are cyber-bullied are not likely to speak up about it. This will give them a voice and protect the right to free speech.”
A coalition of Democratic majority leaders said last week they were proud a new law could be passed that addressed the concerns of the state Court of Appeals.
“I am proud to have sponsored this common sense legislation to help protect the minors of Albany County from falling victim to cyber-bullies, and I commend my colleagues in the Albany County Legislature for passing this initiative,” said Legislator Bryan Clenahan of Guilderland. “This legislation will ensure that we have community-wide initiatives in place to help identify and support those who have been victimized by cyber-bullies.”
The law’s sponsor, Alison McLean Lane of Colonie, said cyber-bullying can be extremely destructive to those who fall victim to it, and she is glad the legislature had an opportunity to reconstruct the law to be of help to other municipalities.
“It is so important that we take the steps we can in order to protect minors from being cyber-bullied and to show that this type of behavior is not tolerated in our society,” she said.