Cyberbullying and Emotional Distress

In 2025, the Cyberbullying Research Center reported that 58.2% of surveyed U.S. students ages 13 to 17 had experienced cyberbullying at some point in their lives. With the increase in social media and messaging platforms and the digital environment we live in, this is not surprising.

Many keyboard warriors and harassers hide behind screens and say whatever they want. They intend to hurt people through their words and expect no consequences. If you’re a victim of cyberbullying, keep reading to learn about the protections in place in California. If you are ready to speak to an attorney, contact McNicholas & McNicholas, LLP, to request a free consultation and learn more about your legal options.

What is cyberbullying?

Cyberbullying generally refers to electronic communications used to intimidate, frighten, harm, or embarrass someone. Cyberbullying is taken seriously in the state of California. Whether the conduct creates civil liability depends on the facts and applicable law. These messages can be sent through websites, online messaging platforms, or social media. We’ve listed some types of online harassment in the next section.

What types of online harassment may lead to a civil lawsuit?

Cyberbullying causes of action come in many forms, including:

Intentional infliction of emotional distress (IIED)

IIED may apply when extreme and outrageous cyberbullying is intended to cause, or recklessly disregards the probability of causing, severe emotional distress.

Defamation

Defamation is defined as when someone publishes a false, unprivileged statement of fact that harms another person’s reputation. Examples may include false accusations of criminal or sexual misconduct.

Invasion of privacy

Cyberbullying that invades someone’s privacy could show up in a few ways. Those include:

• Doxxing someone’s personal identifying information. Qualifying doxxing may support a civil claim under California Civil Code section 1708.89, although not every disclosure qualifies.
• Non-consensual pornography may involve intentionally sharing intimate photos or videos without the person’s consent.

An invasion of privacy can be dangerous for the survivor. Sharing where they live, work, or go to school could attract the wrong type of people.

Negligent supervision by schools or organizations

For children who are cyberbullied, it often starts in real-life situations. When bullying is ignored by a school or organization, they may be liable for the consequences if they were negligent in their supervision. Survivors are encouraged to speak to an experienced attorney to help determine liability.

Who may be liable?

There may be more than one party liable in cyberbullying cases. Potentially liable parties, depending on the facts and applicable duties, may include:

• The perpetrator
• Parents
• Institutions
• Schools
• Employers

Online platforms are generally protected by federal law from claims that seek to treat these platforms as publishers or speakers of third-party content, though exceptions and other forms of liability may apply. Determining liability may be challenging, especially if more than one party is responsible. It’s recommended that anyone curious about who may be liable in their cyberbullying case speak to an attorney to understand their legal options.

Protections for cyberbullying in California

The state of California doesn’t play around when it comes to cyberbullying. There are several laws in place to protect survivors from cyberbullying. Depending on the conduct, perpetrators may face civil or criminal consequences. Some of the protections include:

• California Penal Code section 653.2, which criminalizes some forms of online harassment.
• California Education Code section 48900, which authorizes discipline for bullying, including certain cyberbullying, in California public schools.

What damages may be possible for cyberbullying claims?

Each case is unique. We encourage anyone dealing with a cyberbullying case to speak to an experienced attorney to understand the damages that may be available. In general, cyberbullying claims fight for the following types of compensation:

Medical expenses

Medical expenses related to emotional distress may be covered under some claims. This may include therapy costs related to cyberbullying.

Lost wages

If a survivor had to miss work due to cyberbullying, they may be able to include lost wages in their claim.

Reputational damage

When cyberbullying is meant to ruin someone’s reputation, the impact can take a long time to recover. For these types of cases, survivors may be awarded compensation for the reputational damage.

Long-term emotional trauma

If cyberbullying causes severe emotional trauma, including a condition such as PTSD, compensation may be available. The survivor must prove the claimed emotional harm and its connection to the defendant’s conduct.

How can an online harassment lawyer help clients?

An online harassment lawyer helps their clients in various ways. We’ve listed a few below:

Legal guidance and support

An attorney provides compassionate, knowledgeable legal guidance and support to clients. They understand how tough an online harassment situation is, so they handle the legal aspect for their clients. This provides peace of mind and reassurance during a challenging time.

Many people are embarrassed or reluctant to file an online harassment claim. They may be concerned about being doubted or judged for the situation. These are valid concerns for people already dealing with the emotional distress that comes with cyberbullying. At McNicholas & McNicholas, LLP, we understand how sensitive these cases are. We offer free consultations, so please contact us to discuss your legal options in depth.

Case building and management

Building a strong case against online harassment may be challenging. It takes investigative skills to determine liability. Online harassment lawyers have the knowledge needed to build and strengthen a claim.

They work with their team to gather evidence, witness statements, and expert testimony. Attorneys understand what evidence is most important for the claim. They also provide peace of mind for clients by doing these activities, allowing them to focus on their mental health recovery.

Legal advocacy and representation

Online harassment lawyers provide legal advocacy and representation to their clients. They fight for their clients’ rights with insurance companies and in court if the case goes to trial. They argue on their behalf to fight for the compensation their clients deserve after online harassment.

Contact McNicholas & McNicholas, LLP, for a free consultation today

The effects of cyberbullying and emotional distress can stay with people for a long time after the incident(s). Survivors of online harassment deserve to fight for the compensation they may be entitled to. At McNicholas & McNicholas, LLP, we have the knowledge needed to build and strengthen claims. We offer free case evaluations to understand the specifics and educate clients about the appropriate legal options. Contact us today to request a free consultation.