As an unfortunate consequence of the Internet’s expansion and usage of social media networks, online users are vulnerable to attacks in the form of cyberstalking, cyberharassment, and cyberbullying. In an effort to restore online safety, the California Legislature has imposed certain laws to provide protection to the victims.
What Remedies are Available in Cyberstalking Cases?
Cyberstalking is a form of online harassment, with the unique requirement of repeated and ongoing behavior. The remedies available to victims of cyberstalking first depend on whether the defendant’s conduct was civil or criminal in nature. Under California Civil Code section 1708.7, civil “cyberstalking” consists of a pattern of behavior that intends to “follow, alarm, or harass” the plaintiff, causing a reasonable fear for safety. A plaintiff may also be able to seek remedies if the reasonable fear for safety was for his or her immediate family members (e.g. parent, child, or spouse). To constitute cyberstalking, the pattern of behavior must take place over electronic equipment, such as telephones, computers, fax machines, or pagers. In these cases, the victims may collect financial damages, including punitive damages (e.g. a financial “punishment” to deter similar behavior in the future). Additionally, a victim of cyberstalking may ask the court to issue an injunction or temporary restraining order, which includes a court order preventing the defendant from contacting the victim in the future.