This article has been written by Ms.Devika More,a 2nd year LLB Student from D.E.S.’S Shri Navalmal Firodia Law College, Pune.
In the digital age, where the internet and social media have become an integral part of our lives, cyberbullying has become a major problem. The Indian legal system recognizes the seriousness of cyberbullying and has enacted laws to combat this form of harassment. The purpose of this article is to provide an overview of cyberbullying, its effects and how it is classified as a cybercrime under Indian law.
Understanding cyberbullying:
Cyberbullying is the use of electronic communications such as social media platforms, email, instant messaging and text messages to harass, threaten or harm an individual. These are deliberate repetitive acts intended to cause emotional distress, embarrassment, and humiliation to the victim. Cyberbullying can take many forms, including spreading rumors, posting offensive or abusive content, identity theft, and extortion and intimidation.
Effects of cyberbullying:
Cyberbullying can have a serious impact on the mental, emotional, and psychological health of victims. It can lead to depression, anxiety, social isolation, low self-esteem, and even suicide in extreme cases. The anonymity provided by the Internet encourages and facilitates perpetrators to commit such acts, often without immediate consequences.
Indian law against cyberbullying:
In India, cyberbullying is covered within the Information Technology Act 2000 and its subsequent amendments. Relevant sections dealing with cyberbullying include:
Section 66A: This section of the Information Technology Act, which was overturned by the Supreme Court of India in 2015, was formerly used to send offensive messages or It was a crime to cause such malice. Although not applicable today, it is important to mention its historical significance.
Section 67: This section is about posting or transmitting obscene content in electronic form. This law makes it a crime to post, transmit, or cause the posting or transmission of obscene or sexually explicit content. This section can address cyberbullying that involves the distribution of explicit or obscene content.
Section 67A: This section focuses specifically on cyberbullying that involves sexually explicit depictions of children. It is a crime to publish, transmit, or cause the publication or transmission of child pornography.
Section 67B: This section is intended for you to post, send, or cause to be posted or sent, sexually explicit material involving a person with whom you have a consensual intimate relationship without that person’s consent. It criminalizes the sharing of intimate images and videos without the person’s permission and is often referred to as “revenge porn.”
Section 66E – Section of the IT Act provides penalties for breach of privacy. The article states that anyone who intentionally violates privacy of any kind by sending, taking, posting, or otherwise sending, taking, or posting private photographs of another person shall be punished with imprisonment of up to three years or a fine of up to three lakhs.
IPC Section 507 – This section states that if someone is criminally threatened by anonymous communication, the person making the threat will be punished with some form of imprisonment for up to two years. bullying and cybercrime. In this section, bullying is addressed using the term “anonymous.”
Classification of cyberbullying as a cybercrime:
Under Indian law, cyberbullying is classified as a cybercrime under the various articles above including Section 66A (before repeal), Section 67, Section 67A, Section 67B and Section 509. These provisions enable the prosecution of individuals involved in cyberbullying. -Participate in activities and provide relief to victims.
Furthermore, it is worth noting that the Indian government is in the process of enacting comprehensive legislation specifically on cyberbullying and related crimes. The bill aims to create a stronger legal framework to combat cyberbullying, including reporting mechanisms, faster investigations and provision for tougher penalties.
Types of cybercrime
Different types of cybercrime are punished differently in India.
Identity theft When an individual’s identity is stolen to misuse their financial resources or to obtain loans or credit cards on their behalf, such crime is known as identity theft.
Cyber Terrorism – A cyber terrorism offense occurs when an individual, organization, group, or nation is threatened with extortion or harm of any kind. Generally, this involves a well-planned attack strategy against both government and corporate computer systems.
Cyberbullying – When a teenager or young person harasses, defames, or threatens someone through the Internet, phone, chat room, instant messaging, or other social networks, that person commits the crime of cyberbullying. There is a possibility that When adults commit similar crimes, it is called cyberstalking.
Hacking – The most common cybercrime is hacking. In this crime, an individual gains access to another person’s computer and passwords for ill-gotten gains.
Defamation – Everyone has a right to speak, including on Internet platforms, but if what you say crosses the line and harms the reputation of an individual or organization, you can be sued for defamation.
Copyright – With the vast increase in Internet users and the explosion of data/information across all platforms, copyright in a work helps limit the use of the work. Any use of copyright without your consent is punishable by law.
Trade Secrets – Internet organizations invest significant time and money in developing software, applications and tools and rely on cyber laws to protect their data and trade secrets from theft. This is a criminal offense.
Free Speech – When it comes to the internet, there is a fine line between free speech and cybercrime. Because freedom of expression allows individuals to express their opinions, cyber laws prohibit obscene and indecent behavior online.
Harassment and Stalking – Harassment and stalking are prohibited, even on internet platforms. Cyberlaw protects victims and prosecutes perpetrators from this crime.
Case law on cyberbullying in India –
In Shreya Singhal v. Union of India, the Supreme Court reversed Section 66A of the Information Technology Act 2000, which provided for penalties for sending offensive messages via computer resources or communication devices. The case also falls within the reasonable limits of Article 19(1)(a) of the Indian Constitution. This clause was vague and ambiguous, and Sections 66B and 67C of the IT Act and various provisions of his IPC were sufficient to deal with such violations.
In the case of Sarat Babu Digumarty vs the Government of National Capital Territory of Delhi, there was a conflict between the provisions of the IPC and those of the IT Act. In this case, pornographic videos were sold on the website. This book was intentionally hidden in the eBooks category and sold a few copies before the listing was voided. In this case, the Supreme Court ruled that the IT Act only applies when criminal offenses involve electronic records, because that is the legislative intent. And when there is a conflict between IT law and IPC, the special law takes precedence over the common law, and the latter law takes precedence over the former. Furthermore, Section 81 of the IT Act states that the provisions of the IT Act affect contradictions beyond the provisions of other laws currently in force.
Conclusion:
Cyberbullying is a serious problem that can have long-term consequences for victims. Recognizing the need to address this issue, the Indian legal system has included provisions criminalizing cyberbullying in its Information Technology Act 2000 and the Indian Penal Code 1860. The landmark ruling overturning Section 66A emphasized the importance of protecting freedom of speech and expression, while also highlighting the need for clear and narrow legislation to effectively combat cyberbullying. Continued efforts to introduce a dedicated cyberbullying law further demonstrate India’s commitment to protecting its citizens from online harassment and ensuring a safer digital environment.
References
What are the Cyber Laws in India? (myadvo.in)
Cyberbullying Laws in India – The Law Express
Cyberbullying – A Changing Trend of Modern Crime – MyGov Blogs
Aishwarya Says:
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to secondinnings.hr@gmail.com
Join our Whatsapp Group for latest Job Opening