EXAMINING REGULATION OF ONLINE SPEECH

R. George Wright makes a compelling case for cyber harassment, labeling it as pervasive as well as harmful, for it incorporates various other offenses like cyberbullying, online stalking/cyberstalking, "revenge porn," and even "sextortion." While these are seen as within the realm of free speech, the reality is that the offensive language is used as "speech" in an intrinsically protected context.

The massive repercussions on victims range from emotional distress to damaged reputations and much more. However, a lot of the legal case reports show a lack of clear understanding of the relationship between cyber harassment and free expression. For the most part, much of the intolerant online communication, such as the non-consensual spread of intimate/inappropriate images or even threats, has no contribution to the fundamental values of free speech.

Henceforth, the main stress should shift from regulating free speech against victim harm to recognizing mainly that cyber harassment by its nature falls outside the scope of protected speech. This pragmatic approach would allow for more proactive legal solutions, with the intent to deal with the malicious intent within it of itself and harmful consequences of said actions rather than a poor implementation of free speech regulations.