Case Study 1: Amanda Todd and Anonymous Part 2

AMANDA TODD AND ANONYMOUS PART 2
Student’s Name
Institution
 
On September of 2012, a video was posted online by a teenaged girl telling the world of her bullying experiences. Amanda Todd committed suicide the following month. That YouTube video went viral worldwide. The story of Amanda was revisited by major media houses sparking a debate on the extent of cyberbullying and the limitation of the law in dealing with the vice. As seen in the video, through the use of flashcards, she fell victim to an online stranger who enticed her to bare her breasts. This was an event followed by an elongated period of blackmail and bullying both online and at each school she would transfer to (Ess, 2013). The following paper is a review of the case seeking to determine its potential for prosecution under conspiracy to commit harm or defame.
Fundamentally, defamation has remained the same over the decades. As such, laws dealing with associated vices have been more or less the same. However, the advent of modern communication means has left the judicial system in a tight spot on if to apply principles applied traditionally to internet defamation contexts. Though the laws, including modern ones, are essential in combating cyberbullying, they still have apparent weaknesses. While criminal, it usually tends to be a minor crime. This is a situation that leaves victims without legal reprieve. The differences in the specific elements concerning defamation necessary for the prosecution vary on the basis of individual state laws (Donegan, 2012).

A few years before her suicide attempt, Amanda met an online friend who through flattery convinced her to flash her breast. Later, for years, the photo was circulating online following the friend’s perpetual stalking. It happened as a result of her refusal to put on a show for him (Ess, 2013). Amanda sunk into substance abuse as a way of coping with the ensuing anxiety. In defamation, the defendant is liable whether their actions were intentional or due to negligence. However, a plaintiff must be able to prove that the published material is in damage to their reputation, referring to them, and must have been published to a third party. In the case of Amanda, it is evident from her post that the graphic photo had a far and wider reach due to the swiftness of social media. The taunting of her friends in school and her neighborhood is a testament to such. In addition, there is an apparent recognition of the identity of the individual in the picture. These are evidence that there is a basis for legal proceedings.
Broadly, privacy laws tend to target individuals or institutions watching, listening or photographing others indecently without consent (Donegan, 2012). Though Amanda may have had a legitimate expectation of privacy, it was violated the moment her bully disseminated her compromising photo online. This willful act, however, was not an isolated case. Its occurrence throughout the following years had serious psychological harm on her as a result of the strained and abusive social environment created. As such, the perpetrator intentionally inflicted harm. Consequently, her anxiety disorders eventually led to two failed suicide attempts. This itself is an evidence that the cyberbully conspired to cause her harm, which he did, through his acts. This proof of harm is thus an indicator that the case can be legally prosecuted.
Finally, it is thus definite that there was a conspiracy to both harm, and brings defamation upon Amanda. The constant taunting from fellow students and psychiatric care tell the tale of the damage left in the wake of cyberbullying. The attempts at suicide and seclusion resulted from the abusive effect of online harassment. Social media has been seen to be a lethal tool when used for abuse. This is because it’s an outlet for an angry outburst (Ess, 2013). This, however, needs legal oversight and regulation in order to prevent destruction, especially of young lives like Amanda’s.
References
Ess, C. (2013). Digital media ethics. Polity.
Donegan, R. (2012). Bullying and cyberbullying: History, statistics, law, prevention, and analysis. The Elon Journal of Undergraduate Research in Communications, 3(1), 33-42.