Author- Pooja Singh
College- Sambhunath institute of law jhalwa, Prayagraj
The Pervasiveness of the Cyber World
The digital world now permeates nearly every aspect of daily life. From social interactions to business operations, engagement with cyber technologies is virtually unavoidable. Key developments include:
– Cloud computing
– Artificial intelligence (AI)
– The metaverse
– Global chat technologies
These innovations have collectively accelerated the pace and convenience of modern living.
Benefits of Cyber Advancements
Individuals and organizations are experiencing significant advantages due to rapid technological progress:
– Improved connectivity and global communication
– Instant access to information
– Enhanced efficiency in various sectors
– Increased opportunities for innovation
Emerging Threats in Cyberspace
While the benefits are notable, the proliferation of technology has introduced new and evolving risks:
– Cybercrime: A broad term encompassing various illicit activities online
– Hacking
– Cyberbullying
– Online scams and fraud
– Privacy Concerns: Increased data collection can lead to potential misuse
– Mental Health Impacts: Issues such as cyberbullying can have serious psychological effects
Conclusion
The cyber world continues to transform modern society, offering unprecedented convenience and connectivity. At the same time, its negative aspects, particularly cybercrime, are growing increasingly complex. As reliance on digital technologies intensifies, it is essential to remain vigilant about the associated risks and to implement appropriate safeguards.
Bullying
– Definition:
Bullying refers to intentional actions aimed at causing physical or psychological harm to another person. These actions are deliberate and designed to instill fear, distress, or a sense of shock in the victim.
– Involved Parties:
– Bully: The individual initiating the harm, often motivated by a desire for dominance or a sense of superiority.
– Victim: The target of the bullying, who experiences harm or distress as a result.
– Psychological Aspect:
Individuals who engage in bullying often experience a sense of power or control over others, which can reinforce their behavior.
Cyberbullying
– Definition:
Cyberbullying is a subset of bullying that utilizes digital technology. The core intent remains the same as traditional bullying, but the methods shift to online platforms and digital communication.
– Key Characteristics:
– Takes place in virtual environments, such as social media, messaging apps, and other digital platforms.
– Can be more pervasive due to the reach and anonymity the internet provides.
– Common Forms of Cyberbullying:
– Sending obscene or vulgar messages
– Posting humiliating content about the victim (“outing” or “doxing”)
– Hacking the victim’s accounts
– Sharing mean or offensive messages online
– Threatening violence
– Making threatening or harassing phone calls
– Threats involving child exploitation or pornography
– Trolling (deliberately provoking or upsetting the victim online)
– Impersonating the victim to cause harm
Summary
Both traditional bullying and cyberbullying involve intentional harm, but cyberbullying leverages digital platforms, which can amplify the impact and reach of harmful behaviors. Understanding the forms and motivations behind these behaviors is crucial for effective prevention and intervention.
Legal provisions against cyber bullying-
Mainly steam from
India Penal Code(IPC)
Information Technology Act, 2000
Section 292A Of IPC: Printing or exhibiting grossly indecent matter
Whoever,- (a) prints or excuse to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any pictures or any picture or any printed or written document which is grossly indecent, or in scurrilous or intended for blackmail.
Shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 354A of IPC: Sexual harassment and punishment for sexual harassment.
- A man committing any of the following acts –
Demand or request for sexual favors; shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
Making sexually colored remarks shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.
Section 354D. Stalking-
Any man who– monitors the use by a woman of the Internet, email or any other form of electronic communication, commits the offence of Stalking. Whomever commits the offences of Stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
Section 499 of IPC: Defamation
Any person who by spoken or written words, signs or visible gestures creates or publishes any imputation on any person with an intention to harm the reputation of that person.
The person making such imputation should have the knowledge or a reason to believe that such imputation will ruin the reputation of the person.
Section 500- punishment for defamation– whoever defamed another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Section 66E of IT Act 2000 punishment for violation of privacy.
Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.
Explanation- for the purposes of this section-
‘Transmit’ means to electronically send a visual image with the intent that it be viewed by a person or persons; ‘private area’ means the naked or undergarment clad genitals, [public area] buttocks or female breast.
‘Publishes’ means reproduction in the printed or electronic form and making it available for the public.
67A. Punishment for publishing or transmitting of material containing sexually explicitly act, etc; in electronic form
Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
Section 67B, IT ACT 2000
Punishment for publishing or transmitting or material depicting children in sexually explicit acts, etc. In electronic form–
Shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second of subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
Impact of Cyberbullying
Cyberbullying can have serious psychological and emotional consequences, such as:
Anxiety and depression.
Low self-esteem and self-confidence.
Social withdrawal.
Academic or work-related decline.
Suicidal thoughts or actions in extreme cases.
Victims often feel helpless due to the wide reach of digital content and the anonymous nature of the internet.
Preventive Measures
Educate children and young adults about responsible digital behavior.
Encourage open conversations about online experiences.
Use strong privacy settings on social media.
Do not share personal details publicly online.
Schools and workplaces must adopt anti-cyberbullying policies and conduct awareness sessions.
Case:
Unknown Cyberbullies v. Ritesh Agarwal (2020)
Facts: After false information and disparaging remarks about his business and personal life started to circulate on Facebook and Twitter, Ritesh Agarwal, the founder of OYO Rooms, became the victim of cyberbullying. Legal Remedy.
He filed complaints under Section 67 of the Information Technology Act of 2000 (Section 66A, later struck down), Section 499, and Section 500 of the Indian Penal Code (defamation).
Result: An investigation was launched by the Delhi Police cyber cell. This instance sparked worries about the improper use of social media to disseminate misleading information.
Siya Kakkar, a TikTok star (2020)
Facts: According to reports, teenage TikTok star Siya Kakkar committed suicide as a result of cyberbullying and online harassment.
Legal Action: Despite the fact that no formal complaint was initially made, this incident sparked national discussions on cyberbullying.
FAQ ( FREQUENTLY ASKED QUESTIONS)
- Is cyberbullying illegal in India?
A number of provisions in the Information Technology Act of 2000 and the Indian Penal Code (IPC) do, in fact, make cyberbullying punishable. Despite the lack of a distinct law known as the “cyberbullying law,” several sections address related offences such as threats, stalking, harassment, and defamation.
- What are the main Indian laws pertaining to cyberbullying?
Section 354D of the Indian Penal Code, 1860: Cyberstalking Sections 499 and 500: Libel Section 506: Criminal intimidation Section 509: Disrespecting a woman’s modesty Section 507: Criminal intimidation through anonymity Section 66E of the Information Technology Act of 2000: Privacy Violation Section 67: Disseminating pornographic content Section 69A: Preventing the public from accessing specific content.
