Parents need to think about having a conversation with their teens (and tweens) about safe behaviors when they are behind the wheel… of Social Media that is. Just as youthful drivers have risks while operating a motor vehicle, there are dangers from the use of social media that can be just as risky. Parents should develop and enforce their own rules of the road to prepare their children for navigating through the online world – whether it’s social media, texting or the general use of smartphones.
There are various social networking habits and online activities that are issues of concern. Unlike WiFi access at home, through gaming systems or internet use at school, smartphones allow kids to connect to the internet whenever and wherever they want without any supervision. Families need teach their children about the responsibilities (and risks) of today’s technology especially since it has become exceedingly difficult to monitor everything they do online.
The internet has opened up an entirely new arena from which to bully. Not only has taunting gone digital and, in some cases viral, so has invasion of privacy, e-personating (creating a fake profile) and “sexting” among kids as early as the age of 14. Videos, pictures and rumors can be spread to an entire school within minutes on Facebook, via text message or email. Addiction to technology and the internet among today’s youth has exponentially increased the likelihood of lawsuits along with:
- The ubiquity of cell phone cameras;
- The ability to send a picture to multiple people instantaneously via text, email message and/or web-posting and;
- The popularity of social media websites that can lead to defamatory statements and cyber-bullying.
This is the first of a series of blogs that we will be posting about the liabilities of social media and technology use among today’s youth. While a lot of parents may be concerned about their children’s online activities, they are not thinking about the legal implications. Legislators have not been blind to the increasing number of high-publicity incidents and their tragic results in certain cases. Laws have started to spring up in various jurisdictions and, prosecutors have even used existing laws to prosecute individuals suspected of cyber related incidents. Criminal harassment statutes can often provide a basis for bringing charges in severe cases, and more serious criminal charges in cases that resulted in tragic consequences. Some states have recently created cyber harassment statutes that may also provide an avenue for charging online bullies. Depending on the state and applicable laws, sanctions for bullying could range anywhere from civil penalties to jail time for criminal misdemeanors and even felonies.
The question is… would your Homeowners Policy provide financial protection from a suit alleging cyber-bullying or claims of defamation? What about allegations that accuse parents of negligent supervision for failure to supervise their child’s activities? Would your policy at least help cover the costs of legal defense? Our next blog will focus on the standard Homeowners Policy, the Personal Injury Endorsement and how your policy may or may not respond depending on the circumstances and allegations involved.
Feel free to contact Purnima Rangarajan at 732.395.4262 ([email protected]) if you would like to know more about this topic.
