The cyber world has become a part of our life. Every day we come across new developments whether it is Meta Verse, Artificial Intelligence, Cloud Computing, or Blockchain Technology. On, the one hand the Cyber world has made our lives easy, and fast in a positive way but on the other hand it has some negative impacts such as proliferation whether it is hacking, phishing, cyber terrorism, or cyber welfare.
The most common cybercrime that is happening regularly is Cyberbullying, which has a greater impact on teenage girls. Nowadays girls of every age are on social media platforms and these cybercriminals are attacking especially younger girls. Most of their parents are unaware that their children are on social media. The people around us or even ourselves become the victims of cyber harassment and we feel helpless because we are unaware of the laws and rights given to us for protection. And that’s why it is important to provide knowledge and education and spread awareness about it.
India stands 3rd in cyberbullying. One in four adults and teenagers have seen a morphed image or video of themselves and 50% of this was never reported to the Police. This crime involves a repeated attempt by one person to another thereby creating a feeling of threat in the mind of such a person. Negative online posts leave the victim open to attack, which may cause physiological and psychological injury. In this comprehensive detailed guide, we will explore the laws related to Cyberbullying, their implication, challenges, and how to overcome and protect oneself.
What is cyberbullying?
Bullying through the digital and cybernetic world i.e. internet, and digital platforms like social media. It’s harassing and emotionally torching people by posting hateful comments, and vulgar messages, sending indecent photos and videos without one’s consent, blackmailing and stalking, and others which psychologically can harm and damage the mental state of one person leading to suicide and depression. It means using communication and private information to tear down one’s reputation and modesty and then humiliate them. Psychologically bullying others gives these perpetrators a sense of greatness over others.
Cyberbullying includes:
- Sending obscene or vulgar messages: It may contain indecent images and videos including disgusting remarks, opinions, and activities which can be sent through messages on social media.
- Impersonation: Making a fake account of someone and doing immoral activities in their name causing a bad reputation of that individual.
- Outing / Doxing: Posting any kind of humiliating content about private information of the individual without their knowing.
- Hacking the Victim’s account: Through phishing the cybercriminal can hack the account and use it according to their need. They might send messages or post pictures or videos about the victim.
- Threats of violence: Threating the victims by inflicting a sense of fear in their minds and making them do things according to these perpetrators.
- Phone calls by Stalkers: These bullies first stalk their social media and track his / her online activities, pictures, and posts and then use these materials in an inappropriate way to threaten and harass them.
- Trolling: Hateful or immoral comments on people’s posts to make them feel embarrassed. Making continuous fun and remarks on their looks or words.
- Child pornography: using pictures of young little girls and teenagers without their consent then morphing them and then threating them to do immoral activities.
Potential Victims over the years
Apart from women and girls, other people are being regularly targeted. According to the study of the Cyberbullying Research Centre, these bullies make sexual comments, misogynistic attacks, and pornography about women and threaten them.
- Teens and children: According to a study by NCRB (National Crime Records Bureau), the rate of cybercrimes among teens has increased by 28%. These bullies attack them as they lack of knowledge and are weak leading to criminal offenses like suicide, also depression, and lower self-esteem.
- Minorities: Here the targets are LGBTQ+ Community people. Bullies spread discriminatory and malicious comments about them leading to isolation, self-doubt, and mental harm.
- Disabled Individuals: The bullies mock and discriminate against these people due to their physical or mental conditions making them feel worse about their condition.
- Celebrities: They are often targeted due to their fame and public status. These bullies stalk the celebrities and then spread hateful and vulgar comments on their bodies, looks, and works causing mental and physical harm which can also extend to death and suicides.
Laws related to cyberbullying
Protection under the Indian Penal Code, 1860[1]
Section 354A of the Indian Penal Code (IPC) deals with Sexual Harassment against Women in India.
According to this provision if a man is demanding or requesting for sexual favours, shall be punished with rigorous imprisonment for a term that may extend to three years or a fine or both. If there is the presence of any sexually coloured comments, the person shall be punished with imprisonment with either description for a term which may extend to one year or with a fine or with both.
Section 354D of the IPC deals with Stalking.
This Provision states that if a man is continuously keeping an eye on the daily activities in the social media of women and communicates with the victim through the internet, emails, or any other form of communication through computer then it hits the offense of Stalking. On the first conviction, imprisonment for a term of three years, and shall also be liable to fine. If the same offense is committed for a second time, then the imprisonment can go up to five years, and shall be liable to fine.
Section 292A of IPC deals with Printing, or Exhibiting grossly Indecent Matters.
According to this provision if any grossly indecent picture or document is being printed in the newspapers, or distributed among other people to grab public attention to blackmail then the punishment will be imprisonment of two years, or fine, or both.
Section 499 of the IPC deals with Defamation.
This provision states that if anyone by words or saying tries to spread false or defamatory statements against an individual which will tear down his or her reputation in welfare society, will be liable or charged under Defamation. Under criminal procedures, if anyone without any justification of truth tries to harm any other person’s reputation will be imprisoned for two years.
Sections 503, 507, and 509 of IPC
Section 503, defines Criminal Intimidation- it means if a threat to injure another person or their reputation and provoke them to do an illegal act or restrict them to take legal steps. The punishment is stated in Section 506 of the IPC which provides an imprisonment for a term of two years or fine or both. Now Section 507 also talks about Criminal Intimidation but through anonymous communication. Here the sender does not reveal their identity, disturbs the victim through phone calls, messages, or social media, and threatens to cause harm or distress. The punishment remains the same as Section 506 Of IPC.
Section 509 deals with any words or gestures which is meant to insult, a women’s modesty.
If by any words or gestures or exhibiting any object that insults a woman’s modesty and breaches privacy of that woman is held as a criminal offense and so is {punishable by three years or a fine or can be both}.
Protection under the Information and Technology Act (IT) of 2000[2]
The IT Act 2000 was later revised in 2008 to combat current cybercrimes and digital offenses.
According to Section 66 A, if causing annoyance, inconvenience, danger, insult, obstruction, or criminal intimidation persistently via electronic devices like emails and messages, spreading wrong and fake information or grossly offensive or menacing character information about a woman, then the person is liable for a punishment of imprisonment of three years and fine.
Section 66 C deals with identity theft
If any person phishing using another’s social media, I’d or hacks the phone fraudulently or dishonesty and uses it against the victim’s consent then the person is liable for a punishment of three years or a fine up to one lakh rupees.
Section 66D states that accessing the personal data of any person by impersonation through computer resources while concealing his identity is offensive and the person is liable for three years of punishment or a fine of rupees one lakh.
Section 66E says that if any person circulates any private area picture of women without their knowledge or consent and uses these pictures to threaten them or use them as a form of entertainment, breaching the right to privacy then that person is punishable under this section extending up to three years of imprisonment or a fine of two lakhs or both.
Section 67A says that if any person publishes or transmits any material that contains sexually explicit acts or conduct then the punishment is a fine of ten lakhs and imprisonment for five years.
Section 67B deals with child pornography
It’s similar to section 67A but it deals mainly with children. If any person releases or transmits any private area images of any child below 18 years that contain sexually explicit acts then committing such act for the first time is imprisonment for five years and a fine of ten lakhs rupees. Committing such an act for the second time is punishable by conviction imprisonment for up to seven years, and a fine of up to ten lakhs.
Finally, Section 69A allows the government to issue content-blocking orders to online intermediaries such as Internet Service Providers (ISPs), telecom service providers, web hosting services, search engines, and online marketplace if they pose threats to India’s national security sovereignty or public order then Indian government can ban or shut down all the images from online.
National cyber crime reporting portal
The government of India has generated this portal to save the victims of cybercrimes. It caters to complaints regarding the women and children of India if they are getting any online threatening messages, emails, receiving indecent images, or videos that might take down their modesty and reputation then the victims can file online complaints here.[3]. The complaints are dealt with by law agencies and police officers so it is important to give proper pieces of information and try to document every message and action of these cyber attackers. Victims can also report to the local Police station by dialling to112 in case of emergency and they can also dial to Cyber Crime Helpline number 1980.
Case laws
Manish Kathuria vs. Ritu Kohli (2001)[4],
This was the first cybercrime that was reported. Manish Kathuria was stalking Ritu Kohli and also utilized her name to illegally chat with others on a website named www.mirc.com. He used obscene and unpleasant language, even leaked her telephone number, and used to invite people to chat with her. As a result of which she used to receive calls from various people talking dirty to her. She reported to the Delhi police and they filed a complaint under Section 509 of IPC, 1860 for outraging a woman’s modesty. Now according to this Section, talks about if there’s any word or gesture is meant to harm a woman’s modesty, there is no mention of online harassment so this case caused an alarm for the Indian Government to provide laws and provisions to secure and protect people through online bullying.
In 2016 a girl of fifteen years old was brutally trolled on Facebook due to her dancing video in the school. People body shamed her and wrote unpleasant comments that affected her mental state and later she had to drop her schooling and seek mental counselling.[5].
Bulli Bai App Case, hosting of a fake auction of Muslim women[6]
In this app, there were images of more than 100 Muslim women that were put on sale. The police have arrested three people who were in connection with this app. It was an open source in Git Hub. An 18-year-old girl was arrested as she used to handle the tweets, also a boy from Uttarakhand of 21 years used, later the last accused was arrested by Mumbai cyber police.
Conclusion
It’s important to spread awareness as much as possible and to take a stand for oneself. These perpetrators will make weak people their victims. It’s important to overcome the fear and anxiety and report the police to punish these bullies. In today’s generation women and men both are fearless, smart, and knowledgeable about these crimes, it’s also important to educate children. Due to the rapid growth of technology and the use of social media, it’s important to maintain safety measures while operating these apps online. Remember we can all come together to stop this cybercrime and make a healthy online environment.
[1] Indian Penal Code,1860
[2] Information and Technology Act,2000
[3] Tanwar J (White Black Legal) <https://www.whiteblacklegal.co.in/details/cyber-bullying-and-harassment-legal-remedies-and-limitations-by—jaismin-tanwar-> accessed 30 December 2024
[4] (Cyberstalking and online harassment: A new …) <https://docs.manupatra.in/newsline/articles/Upload/FDF5EB3E-2BB1-44BB-8F1D-9CA06D965AA9.pdf> accessed 30 December 2024
[5] Kapoor V, ‘What You Need to Know about Cyberbullying and Its Legal Remedies’ (iPleaders, 10 July 2024) <https://blog.ipleaders.in/what-you-need-to-know-about-cyberbullying-and-its-legal-remedies/> accessed 29 December 2024
[6] ‘Bulli Bai App: Three Arrested for Fake Auction of Muslim Women in India’ (BBC News, 5 January 2022) <https://www.bbc.com/news/world-asia-india-59835674> accessed 29 December 2024
Author: Ruchira Deb, a 1st year student at Techno India University, Kolkata.
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