Text messaging has become a ubiquitous form of communication in the modern world. While texting can be an efficient and convenient way to stay connected, some questions have been raised over whether excessive, unwanted text messages could potentially cross the line into harassment.
In this article, we’ll examine what constitutes harassment, look at how harassment laws may or may not apply to text messaging, and provide some guidance on how to handle unwanted texts.
What is harassment?
Harassment refers to unwelcome behavior that is offensive, threatening, intimidating or humiliating to the recipient. Legally, harassment becomes illegal when:
- It targets a protected characteristic, like race, gender, religion, etc.
- It creates a hostile environment that interferes with work or school performance.
- It persists after the recipient has made clear it is unwanted.
Harassment can take many forms, including physical actions, verbal comments, written messages, imagery, and more. Texting could potentially become harassment if it meets the above criteria.
Some key factors to consider are:
- Content – Are the texts offensive, vulgar, threatening, or otherwise inappropriate?
- Context – What is the relationship between sender and recipient?
- Frequency – How often are the unwanted texts being sent?
- Impact – Do the texts interfere with the recipient’s well-being or daily life?
Do harassment laws apply to text messaging?
Whether unwanted texting can legally be considered harassment depends on the specific circumstances.
Harassment laws at both federal and state levels tend to focus on misconduct in settings like housing, employment, and education. If unwanted texts do not occur in those contexts, harassment may be difficult to prove in a legal sense.
However, texts that contain threats, lewd content, malice, or potential stalking could still violate other laws, such as:
- Defamation
- U.S. Interstate Communications Act
- Telephone Consumer Protection Act
- Stalking/criminal threatening laws
The context around the unwanted texts plays a significant role in determining if any laws are being broken.
Employment Context
If unwanted texts originate from a boss or colleague, it may be considered workplace harassment, provided the texts:
- Target protected class status
- Contribute to hostile work environment
- Continue after requesting they cease
Employers can be liable for harassment that occurs in the workplace, whether in-person or digitally.
Educational Context
Students and faculty are also protected from harassment under Title IX laws. Persistent, unwelcome texts from classmates or teachers could qualify as harassment if they interfere with access to education.
Housing Context
Harassment by landlords, property managers, landlords, or neighbors that creates a hostile living environment is prohibited under the Fair Housing Act.
Non-Contextual
Outside of those contexts, unwanted texts from friends, relatives, or strangers typically do not qualify as illegal harassment in and of themselves.
However, if unwanted texts escalate to threats, stalking, or defamation, other laws may come into play to address the behavior.
When do texts cross the line into harassment?
There is no definitive threshold that transforms unwanted texts into harassment across the board. It’s a subjective line that depends on the specific circumstances.
However, there are some general signs that texts may have crossed from annoyance into harassing or threatening territory:
- Texts express obscenities, insults, slurs, or vulgar language
- Texts are sent repeatedly despite requests to stop
- Sender violates privacy by sharing embarrassing info
- Messages disrupt daily activities or cause fear
- Texts threaten violence or self-harm
- Sender stalks, monitors movements, or shows up uninvited
The context also matters. Texts from a former romantic partner or someone you’ve never met before may feel inherently more harassing than texts from a work colleague or loose acquaintance.
When texts become threatening
Threatening texts that convey intent to physically harm, stalk, or control another person are unlawful. For example:
- “If you don’t answer, I will find you.”
- “I will make you pay for rejecting me.”
- “I’m watching you right now.”
Stalking, threats of violence, and harassment are criminal offenses. Save evidence of the texts and contact law enforcement immediately if you ever feel unsafe.
When texts become defamation
Spreading false, damaging information about someone via text can constitute defamation of character, including libel in written form. This can occur in personal relationships or business relationships.
Handling unwanted texts
If you are receiving persistent texts that make you uncomfortable, concerned, or threatened, take steps to protect yourself:
- Tell the sender clearly to stop texting you.
- Block the sender’s number, email, and social media.
- Keep records of all concerning texts.
- Report threats to the police.
- Change your own number if needed.
- Ask an attorney about potential harassment orders.
You have the right to decide who can communicate with you and through what channels. Set very clear boundaries and reinforce them through your actions. If all else fails, law enforcement and the legal system can further enforce your boundaries.
Is text harassment more common for certain groups?
Unfortunately, digital harassment does disproportionately affect some demographic groups more than others. For example:
Women
- Around 50% of women under 35 report experiencing harassment online.
- Texting is a top channel for cyber harassment of women.
- Ex-partners may harass women via text after a breakup.
- Sexual content without consent is common form of text harassment for women.
LGBTQ Community
- Up to 54% of LGTBQ people experience digital harassment related to their identity.
- Homophobic or transphobic text content may qualify as harassment.
- Outing someone’s LGBTQ status via text can also be means of harassment.
Minorities
- Racist, xenophobic, anti-religious texts represent a harassment threat.
- Hate speech delivered via text may indicate harassment motivated by prejudice.
Marginalized groups often endure harassment more frequently both online and off. Having protections in place is especially important for those vulnerable to discrimination.
Are kids and text harassment a concern?
Text harassment unfortunately occurs even among young teenagers and children, especially cyberbullying by classmates.
Some key facts:
- Over 50% of teens admit to experiencing cyberbullying.
- Texting and Instagram are top platforms for teen cyberbullying.
- Insults, rumors, threats, identity theft, or shaming impact kids via text.
- Effects include depression, anxiety, poor grades, and suicidal thoughts.
Parents should have candid conversations about digital behavior and monitor their kids’ texts for signs of bullying. Schools are also establishing policies to address text and cyber harassment among students.
In Conclusion:
Text messaging represents a convenient modern form of communication, but also one with the potential for misuse through harassment. Determining what constitutes harassment versus annoyance via text depends on several factors:
- Nature of the relationship between parties
- Context in which the texts occur
- Content and intent of the texts
- Frequency of unwanted texts
- Impact of texts on the recipient
Unwanted texts rise to the level of harassment when they become severely intrusive, threatening, obscene or damaging. While not all unwanted texts meet the legal criteria for harassment, recipients should still set boundaries and make full use of blocking tools as warranted. With smartphone communication becoming ubiquitous, vigilance against text harassment remains important to maintain safety and dignity for all.