Social media connects us in amazing ways. However, it also has a dark side. A simple dispute can escalate into a barrage of hateful comments or relentless bullying. While the internet offers broad protections for free speech, that freedom is not absolute. When online behavior crosses the line from merely rude into targeted, severe abuse, California Online Harassment Law provides legal tools for victims. These tools help people fight back to protect their peace of mind and reputation.
Many people who are targeted online feel helpless. It is important to know you have options. This article explains the legal avenues available in California for victims of severe online harassment and abuse.
The Line Between Free Speech and California Online Harassment Law
The First Amendment protects a wide range of speech. This includes opinions, criticism, and even offensive insults. Therefore, not every mean tweet or negative comment is illegal harassment. For online conduct to become legally actionable, it typically must be part of a “course of conduct.” This means a pattern of behavior that is severe, targeted, and serves no legitimate purpose. The law aims to stop targeted abuse that causes significant fear or emotional distress, not just hurt feelings.
Your Civil Options Under California Online Harassment Law
If you are a victim of severe online abuse, California law offers several ways to seek protection. These civil options allow you to hold the perpetrator accountable.
Seeking Protection: Civil Harassment Restraining Orders (CHROs)
A Civil Harassment Restraining Order (CHRO) is a direct and powerful tool. This is a court order that legally requires the harasser to stop all contact. This includes online and offline behavior. According to the California Courts Self-Help Center, you must show the judge “clear and convincing evidence” that you have suffered harassment. This means proving a pattern of behavior that was seriously alarming and had no legitimate purpose. It also must cause a reasonable person to suffer “substantial emotional distress.” A CHRO can be an effective way to make the abuse stop.
Suing for Damages: Intentional Infliction of Emotional Distress (IIED)
You may also be able to sue the harasser for monetary damages. A claim of Intentional Infliction of Emotional Distress (IIED) allows this. However, the standard for winning an IIED lawsuit is extremely high. You must prove the harasser’s conduct was “outrageous.” This means it went beyond all possible bounds of decency. You must also prove they intended to cause you severe emotional distress and that their conduct was the actual cause of your suffering.
Fighting Falsehoods: Defamation (Libel) Claims
Often, online harassment includes spreading lies. If the online abuse involves false statements of fact that harm your reputation, you may have a separate claim for defamation. On social media, the law almost always considers this libel (written defamation). This legal action focuses on protecting your reputation from false attacks.
Who to Sue: The Platform vs. The Person
Many victims wonder if they can sue Facebook, X (Twitter), or Instagram for the harassment on their sites. The answer is almost always no. A powerful federal law, Section 230 of the Communications Decency Act, gives broad immunity to online platforms for content posted by their users.
According to the Electronic Frontier Foundation (EFF), this law treats platforms like distributors rather than publishers. This means your civil lawsuit must target the individual user who is creating and posting the harassing content.
Criminal vs. Civil California Online Harassment Law
Some online harassment can be so severe that it becomes a criminal act. This is different from filing a civil lawsuit. You report criminal acts to the police. The state then investigates and potentially prosecutes the offender. Examples of online behavior that could be criminal include:
- Cyberstalking (repeatedly harassing someone online, causing fear).
- Making credible threats of violence.
- Distributing intimate images of someone without their consent.
If you receive credible threats of violence, you should report them to your local police department immediately.
Practical Steps to Take When Facing Online Harassment
If someone is harassing you online, taking strategic steps can help protect you and build a potential legal case.
- Do Not Engage: Do not reply to the harasser. Engaging them usually fuels their behavior and makes the abuse worse.
- Preserve Evidence: This is critical. Take clear screenshots of everything. This includes posts, comments, private messages, and the harasser’s profile. Keep a log with dates and times.
- Block and Report: Block the harasser’s accounts to cut off direct contact. Use the platform’s reporting tools to flag the abusive content.
- Contact Law Enforcement: Again, if any communication contains credible threats of physical harm, report it to the police immediately.
- Consult an Attorney: Talk to a lawyer who understands online harassment. They can help you assess your options and the strength of your case.
Using California Online Harassment Law to Protect Yourself
Online harassment can cause profound emotional distress. This type of harm is a serious injury. At KAASS LAW, we help clients understand their rights and explore their legal options when facing severe online abuse. Our experienced attorney can assist with torts such as intentional infliction of emotional distress and defamation.
Our team can help you assess whether the conduct you’re facing meets the high legal standards for a civil claim in California. We can draft effective cease and desist letters to demand that the abuse stop. In appropriate cases, we can help you file for a Civil Harassment Restraining Order or pursue a lawsuit for damages. If a severe online attack has harmed you, please Contact Us for a confidential consultation.
Conclusion
While the internet allows for broad freedom of speech, that freedom ends where illegal harassment begins. California Online Harassment Law provides real tools for victims of severe, targeted abuse. Your options range from restraining orders to lawsuits for defamation or severe emotional distress. However, the legal standards can be high. If you are experiencing targeted online abuse, it is essential to preserve evidence, prioritize your safety, and consult with an experienced attorney to protect your peace of mind and reputation.