Authored By: Syed Tauheed
Vidyavardhaka law College
Abstract :
In the digital age, cyberbullying as well as online harassment have become major issues that can have detrimental effects on victims’ safety and mental health. Legal systems across the globe have implemented frameworks to handle these challenges, including as criminal legislation, civil remedies, and rules that target offenders and online platforms, because the internet offers a venue for widespread and anonymous abuse. Despite these attempts, a number of obstacles still exist, including jurisdictional problems, tracking down anonymous criminals, evidence collection difficulties, and uneven law enforcement. Furthermore, victims’ ignorance and insufficient platform responsibility can compromise the efficacy of legal remedies. This article explores the legal options for addressing online harassment and cyberbullying, as well as the restrictions that impact their implementation and the requirement for Stroger Laws.
Introduction : Cyberbullying as well as online harassment have become serious issues in the internet age, when social interaction and communication have surpassed geographical limits. Although social networking, worldwide connectedness, and quick access to information are only a few advantages of the digital age, it has also led to the emergence of new types of abuse that may have a catastrophic effect on people’s lives. A number of harmful activities, such as spreading rumours, issuing threats, or posting sexual information without permission, are common characteristics of cyberbullying and online harassment. [1]Cyberbullying and harassment are more common and more difficult to avoid than conventional bullying because they take place in virtual environments where the victim can be singled out at any time.
An Overview of Cyberbullying And Online harassment :
Cyberbullying : refers to the intentional use of online forums, social media, messaging, and other digital channels to threaten, harass, or hurt another person. In order to damage the person’s reputation, it frequently entails acts like sending abusive messages, disseminating misleading information, posing as the victim, or even publishing degrading or disgusting content. The anonymity offered by the internet frequently gives offenders the confidence to act without worrying about the repercussions.
Online Harassment : Although the terms are occasionally used interchangeably, cyberbullying is more comprehensive. It includes any persistent, malevolent online conduct meant to injure someone’s feelings or mental health. This might involve participating in hate speech, threatening someone, disseminating false information, or stalking them online. The posting of private information or graphic photographs without permission, sometimes referred to as “revenge porn,” is another kind of harassment. Online harassment is particularly pernicious because it can worsen over time and expose the victim to a constant barrage of offensive or damaging material.
Legal Remedies for Cyberbulltying and Online Harassment :
Legal Remedies Under Bharatiya Nyaya Sanhita (BNS) :
The Bharatiya Nyaya Sanhita (BNS) contains provisions that can be applied to cases of cyberbullying and online harassment. Some of the relevant sections include:
- Section 78 of BNS : Stalking, which may happen both offline and online, is covered in this section. It makes it illegal to continuously follow or get in touch with someone, either directly or through indirect means, with the goal of violating their privacy. Sending abusive emails, texts, or postings on social media with the goal of controlling or intimidating the target is known as online stalking.
Punishment: A fine and a maximum three-year jail sentence are possible for the perpetrator. If the stalking is sexual in character, the penalty may be up to five years. - Section 351(4) of BNS : Threats made via anonymous communication are covered in this section. When it comes to online harassment, this might include those who threaten victims through social media, emails, or other electronic channels.
Penalty: The penalty may consist of a fine, two years in prison, or both. - Section 79 of BNS : (Word, Gesture, or Act Intended to Insult the Modesty of a Woman) Section 79 may be used in situations involving internet harassment, such as when someone shares offensive or derogatory material aimed at a woman. This clause guards against any behaviour or speech that disparages a woman’s modesty.
Punishment: The penalty consists of a fine, three years in prison, or both.[2] - Section 66A of Information Technology Act (However, the Supreme Court struck it down in 2015): Sending abusive communications via communication services, etc., over the internet was previously illegal under Section 66A of the Technology Act of 2000 (IT Act). However, because it can restrict free expression, the Supreme Court of India declared this clause unconstitutional in Shreya Singhal v. Union of India (2015).
Legal Remedies Under the Information Technology Act (IT Act) :
- Section 66E of IT : Act It is illegal to take pictures or recordings of someone’s intimate areas without that person’s permission, according to Section 66E (Violation of Privacy). This is especially important when it comes to “revenge porn” or the unapproved internet sharing of private photos.
Penalties: A fine of as much as ₹2 lakh and a maximum sentence of three years in jail. - Section 67 (Sending Obscene Content): This section makes it illegal to send or publish pornographic content online. It includes a wide range of internet acts, such as transmitting sexually explicit photographs or content without the recipient’s consent.
Penalties: Violating this clause carries a maximum five-year jail sentence in addition to a fine. The penalty may be substantially worse if the violation includes child sexual abuse material, which is sexually explicit information that shows minors. - Section 72 (Breach of Confidentiality and Privacy): This provision is applicable when someone gets someone else’s personal information while working and distributes it without that person’s permission. It is frequently used in doxxing situations or when someone’s reputation is harmed by the malicious sharing of private information.
Punishment: This clause carries a maximum punishment of ₹1 lakh and/or a maximum jail sentence of two years.[3]
Specific Laws for Online Harassment in India :
In addition to the BNS and the IT Act, there are other legal avenues for addressing online harassment:
- The 2012 Act Protecting Children from Sexual Offenses (POCSO): Children are shielded by this law against online abuse and exploitation, such as cyberbullying and cyber harassment. The POCSO Act allows for prosecution of any online behaviour that includes the exploitation or abuse of minors.
Punishment: For less serious violations, the maximum sentence is three years in jail; for more serious offenses, the maximum sentence is life in prison. - The 1986 Indecent Representation of Women (Prohibition) Act forbids the derogatory depiction of women in electronic media and contains penalties for its online dissemination.
Punishment: Violators may be fined, imprisoned for up to two years, or both. - The 2021 Information Technology (Digital Media Ethics Code and Intermediary Guidelines) Regulations: Social media companies and other intermediaries are held accountable under these principles for stopping the spread of damaging information, including cyberbullying. In order for users to report cases of online abuse, platforms must have a grievance redressal process in place. After a complaint is filed, platforms have a deadline for removing dangerous information.
Repercussions for Failure to Comply: Penalties or the platform losing its immunity may follow noncompliance with these rules
Judicial Remedies and Civil Suits :
The law of torts allows victims of online harassment and cyberbullying to sue for damages in civil court alongside to the criminal as well as statutory requirements. For instance, victims may file a lawsuit for:
- Defamation: A person may bring a defamation lawsuit to recover damages for injury to their reputation if inaccurate and hurtful material about them is disseminated online.
- Invasion of Privacy: A victim may initiate a claim for breach of privacy if personal information is disclosed without authorization. A compensation action and a judicial order to delete the offensive material are two possible remedies.
- Intentional Infliction of Emotional anguish: If the online abuse causes the victim to experience extreme emotional anguish, they may also be able to sue, however this may need expert testimony and medical documentation.
Examples of Cyberbullying and Online Harassment :
- Harassing Messages and Threats: Sending someone threatening, offensive, or degrading messages by text, email, or social media is one of the most prevalent types of cyberbullying. A person may, for instance, get a string of insulting messages via Facebook or on Instagram that contain threats of sexual assault, bodily damage, or even humiliation in public. These communications may be used to control, manipulate, or frighten the victim.[4]
- Impersonation and Fake Profiles : Another type of online harassment is impersonation, which involves making a phony social media presence with someone else’s name, images, and personal information. This may result in emotional discomfort, shame, and harm to one’s reputation. For example, someone could discover that their images are being used improperly and shown on a phony profile, where inaccurate or disparaging information is published with the aim of damaging their reputation. Such acts are extremely harmful, particularly when malicious information is disseminated using the victim’s name.
- Cyberstalking: Cyberstalking is when someone intentionally and repeatedly follows or stalks someone online. This might entail utilizing monitoring software, sending unsolicited emails on a regular basis, and even following every social media post made by the victim. For instance, someone can start compulsively reading and commenting on all of the victim’s social media posts, making them feel insecure and monitored all the time.
Challenges for Enforcement :
- Anonymity: Because of the anonymity offered by the internet, criminals may conceal their identities, making it more challenging to find and bring charges against them.
- Jurisdictional Issues: Cybercrimes sometimes include victims and offenders who live in various states or even other nations, making legal action more difficult.
- Evidentiary Challenges: Because online communications are quickly erased or changed, victims may find it challenging to present hard proof of bullying or harassment.
- Platform Accountability: When it comes to taking action against damaging information, social media platforms and internet service providers frequently take their time. Inconsistent enforcement persists despite legal obligations.
Case laws :
- Shreya Singhal v. Union of India (2015) 5 SCC 1
Facts:
In this case, the validity of Section 66A of the Information Technologies Act of 2000—which made it illegal to send insulting communications over the internet, mobile apps, or communication services was contested. According to the first subsection of Article 19 of the Indian Constitution, the petitioners claimed that Section 66A infringed upon their basic right to freedom of speech and expression[5].
The Indian Supreme Court ruled that Section 66A was unconstitutional because it was too wide and ambiguous, possibly restricting free speech and expression. According to the Court, the clause may result in people being arrested for transmitting or posting inflammatory information online, which might be exploited by law enforcement.[6]
- S. Pandey v. State of Uttar Pradesh (2019)
Facts: The petitioner in this case was charged with threatening a woman and harassing her over social media by sending her offensive messages and pictures. The lady filed a complaint under the IT Act’s Sections 354D (stalking), 509 (insulting women’s modesty), and 66E (violation of privacy).
Judgment: The Allahabad High Court decided that using technology to harass and threaten someone else is not something to be taken lightly and that cyberstalking as well as harassment are serious offenses. The court took a firm stand against the defendant, highlighting how the internet contributes to the continuation of such detrimental practices.
Conclusion :
To Conclude with Strong legal structures are necessary to defend against the major problems of cyberbullying and internet harassment. Through a number of measures under the BNS, the Information Technology Act, and other relevant laws, India has made great strides in resolving these concerns. Nonetheless, issues including jurisdictional complexity, anonymity, and insufficient enforcement continue to exist. Online platforms need to be held more responsible for the information they disseminate, and victims of abuse are obligated to report instances. To reduce cyberbullying as well as online harassment in India, it will be essential to apply current laws effectively, raise awareness, and improve cooperation between law enforcement and internet corporations.
[1] https://www.bing.com/ck/a?!&&p=6df7205c9135d07a3e2c5671fb3518b3e8b9775cd3ac908149d252d2a384fd4bJmltdHM9MTczOTIzMjAwMA&ptn=3&ver=2&hsh=4&fclid=30a68f66-5e79-6d5a-18cd-9ba75f066c08&psq=Cyberbullying+and+online+Harassment+legal+remedies+and+limitations&u=a1aHR0cHM6Ly9sYXdub3Rlcy5jby9jeWJlcmJ1bGx5aW5nLWFuZC1sZWdhbC1yZW1lZGllcy8&ntb=1
[2] https://www.bing.com/ck/a?!&&p=a59914f55e173143878a68898bfca582d078a9c7e0c005594b792cf050b2bc73JmltdHM9MTczOTIzMjAwMA&ptn=3&ver=2&hsh=4&fclid=30a68f66-5e79-6d5a-18cd-9ba75f066c08&psq=Cyberbullying+and+online+Harassment+legal+remedies+and+limitations&u=a1aHR0cHM6Ly9sYXdmb3llci5pbi9sZWdhbC1yZW1lZGllcy1hZ2FpbnN0LWN5YmVyLWhhcmFzc21lbnQtYW5kLW9ubGluZS1oYXRlLXNwZWVjaC1pbi1pbmRpYS8&ntb=1
[3] https://www.bing.com/ck/a?!&&p=842dae57a1213d4f48351c963c0c4a2d44cea82ec928154ede83601f12de2602JmltdHM9MTczOTIzMjAwMA&ptn=3&ver=2&hsh=4&fclid=30a68f66-5e79-6d5a-18cd-9ba75f066c08&psq=Cyberbullying+and+online+Harassment+legal+remedies+and+limitations&u=a1aHR0cHM6Ly9qb3R3YW5pLmNvbS9jeWJlcmJ1bGx5aW5nLWFuZC1sZWdhbC1yZW1lZGllcy1pbi10aGUtaW5kaWFuLWNvbnRleHQtYS1jb21wcmVoZW5zaXZlLWNhc2Utc3R1ZHktYnktYWRpdGktc2hhcm1hLw&ntb=1
[4] https://www.bing.com/ck/a?!&&p=271ec467d8f98228313781b8e400dd10997281da399c153a548e7be9c1d7a1d6JmltdHM9MTczOTIzMjAwMA&ptn=3&ver=2&hsh=4&fclid=30a68f66-5e79-6d5a-18cd-9ba75f066c08&psq=Cyberbullying+and+online+Harassment+legal+remedies+and+limitations+in+india+case+laws+&u=a1aHR0cDovL2RvY3MubWFudXBhdHJhLmluL25ld3NsaW5lL2FydGljbGVzL1VwbG9hZC9GREY1RUIzRS0yQkIxLTQ0QkItOEYxRC05Q0EwNkQ5NjVBQTkucGRm&ntb=1
[5] https://www.bing.com/ck/a?!&&p=e77b012aa88f15c863f21443abc0503577da22df882ade2f08156788a773886fJmltdHM9MTczOTIzMjAwMA&ptn=3&ver=2&hsh=4&fclid=30a68f66-5e79-6d5a-18cd-9ba75f066c08&psq=Cyberbullying+and+online+Harassment+legal+remedies+and+limitations+in+india+case+laws+&u=a1aHR0cHM6Ly93d3cubW9uZGFxLmNvbS9pbmRpYS9jcmltZS85ODk2MjQvYW50aS1jeWJlci1idWxseWluZy1sYXdzLWluLWluZGlhLS0tYW4tYW5hbHlzaXM&ntb=1
