CYBERBULLYING AND MENTAL HEALTH: A CASE FOR STRICTER REGULATION OF SOCIAL MEDIA

Author: Ritika Singh; College: Jaipur National University

Abstract


Cyberbullying, a relatively modern form of harassment, has rapidly become a critical concern in today’s digitally connected world. It involves the use of electronic communication technologies—including social media, messaging apps, and online forums—to threaten, intimidate, or demean individuals, often anonymously. The phenomenon is especially prevalent among adolescents and young adults, who represent the most active demographic online and are consequently more vulnerable to such abuse.


The psychological consequences of cyberbullying are deeply troubling. Victims frequently experience anxiety, depression, emotional trauma, low self-esteem, and social isolation. In severe cases, prolonged exposure to such harassment has been linked to self-harm and suicide, with tragic instances making national and international headlines. Unlike traditional bullying, which is confined to specific times and spaces (e.g., school or workplace), cyberbullying is relentless and omnipresent—it follows victims into their private spaces through digital devices, leaving little room for escape.


Despite the alarming rise in incidents, legal and regulatory mechanisms remain inadequately equipped to address the evolving nature of online abuse. Social media platforms, which serve as the primary mediums for such attacks, often evade accountability due to legal immunity granted under intermediary liability clauses.  Although the right to free speech is guaranteed by the constitution, it must be weighed against the equally important rights to privacy, dignity and mental health.


This article critically examines the intersection of cyberbullying and mental health by analyzing existing legal frameworks—both national and international. It delves into landmark judicial pronouncements, empirical data, and psychological studies that reflect the urgent need for reform. It further argues for the implementation of stricter regulatory measures on social media platforms, including real-time monitoring, mandatory reporting mechanisms, and mental health support integration. The ultimate aim is to advocate for a safer digital environment where the well-being of users, especially vulnerable populations, is prioritized alongside democratic freedoms.


Introduction


In today’s hyper-connected digital society, communication has transcended traditional boundaries, making social media platforms an integral part of daily life. While these platforms foster connection, creativity, and expression, they have also become fertile ground for cyberbullying—a form of harassment carried out through digital means such as texts, emails, social networks, and online forums. Unlike physical or verbal bullying, cyberbullying is insidious and persistent, often occurring anonymously and reaching victims at any time of the day, even within the safety of their homes.


The ubiquity of smartphones, instant messaging, and social media usage across all age groups—particularly among adolescents—has led to a situation where the boundary between online and offline life is increasingly blurred. Victims are subjected to a continuous cycle of intimidation, ridicule, or exclusion, which severely impacts their emotional and psychological well-being.


The World Health Organization (WHO) and mental health experts globally have acknowledged cyberbullying as a significant public health concern. Studies show a strong correlation between cyberbullying and mental health issues such as anxiety, depression, chronic stress, and in extreme cases, suicidal behavior. The psychological effects are often long-lasting, affecting not only individuals but also families and communities.


Despite these alarming trends, the legal and regulatory response to cyberbullying has been largely inadequate. Existing laws are either outdated, broadly worded, or loosely enforced, and social media platforms are rarely held accountable for the harmful content circulating on their networks. Regulatory gaps and the failure to impose meaningful obligations on digital intermediaries allow harmful behaviour to thrive unchecked.


This article argues that the current framework does not go far enough to protect users’ mental health and proposes a need for stricter regulation of social media. It aims to explore how more comprehensive laws, stronger enforcement, and platform responsibility can work together to create a safer and more respectful digital environment.


Legal Jargon


India’s legal environment around cyberbullying is continuously developing. In the past, insulting statements made via communication services were covered by Section 66A of the Information Technology Act of 2000 . Although it has been repealed, remnants of the section’s interpretation linger in various judicial precedents. At the moment, Section 67 addresses the publication or transmission of pornographic material in electronic form, whereas Section 66E penalises privacy violations. The Indian Penal Code (IPC), 1860, is also invoked, with Sections 499 and 500 addressing defamation, 354A covering sexual harassment, 506 dealing with criminal intimidation, and 507 focusing on anonymous communication threatening others.


However, these provisions lack specific reference to cyberbullying. The Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, offer protection in cases involving minors. Despite these provisions, legal redress is often delayed, reactive, and insufficient to serve as a deterrent. The current regulatory architecture fails to impose liability on social media platforms unless mandated by a court, which contributes to a lax culture of platform self-governance.


Proof and Empirical Evidence


Numerous studies underscore the psychological harm associated with cyberbullying. According to the UNICEF 2021 report, one in three young people in 30 countries has been a victim of online bullying. In India, a Microsoft study (2012) revealed that 53% of Indian children reported experiencing some form of online bullying. Mental health repercussions include anxiety, depression, low self-esteem, social withdrawal, sleep disturbances, and suicidal ideation.


A 2023 Lancet Psychiatry Journal study linked prolonged exposure to online harassment with increased cortisol levels—indicating chronic stress. Furthermore, India’s National Crime Records Bureau (NCRB) reported a consistent increase in cybercrime involving women and children, with many incidents related to online stalking, morphing, or threats.


Relevant Case Laws


Shreya Singhal v. Union of India (2015)
The Supreme Court struck down Section 66A of the IT Act, citing it as unconstitutional and a threat to freedom of speech. However, the judgment also acknowledged the need to balance freedom with responsibility and the state’s duty to protect its citizens from online abuse.


Faheema Shirin v. State of Kerala (2019)
The Kerela High Court emphasised safe access while subtly promoting digital inclusiveness by recognising the right to the internet as a fundamental right. The conversation about internet literacy and ethical  use was sparked by this instance.


XYZ v. State of Maharashtra (2020)
A Mumbai-based teenager committed suicide due to relentless cyber bullying.The Bombay High Court ordered compensation and demanded structural changes in response to the police’s tardiness and the platform’s lack of intervention.
Sabu Mathew George v. Union of India (2017)
Though not a cyberbullying case, it dealt with the responsibility of search engines in blocking unlawful content (like sex-selective abortion ads). The case established precedent on platform accountability—relevant to imposing liability on social media sites.


Conclusion


The link between cyberbullying and mental health is no longer speculative—it is scientifically proven and socially observable. Despite growing awareness, current laws are piecemeal and lack teeth when it comes to imposing penalties on platforms or holding individuals accountable without long legal battles. Social media giants often escape liability under the garb of being “intermediaries” under Section 79 of the IT Act. Stricter regulations should be introduced mandating real-time content moderation, digital ID verification, mental health helplines integration, and swift takedown mechanisms. A robust legal framework that emphasizes platform accountability, cross-border cooperation, and victim-centric remedies is the need of the hour. In addition to legislative reforms, there must be greater emphasis on digital literacy and emotional resilience programs, especially in schools and colleges. Public-private partnerships can facilitate the creation of AI-driven tools to detect abusive content early and prevent its spread. Governments should also establish fast-track cyber tribunals to ensure timely justice and relief to victims. International collaboration is essential to address cross-border abuse, making it imperative for global treaties to incorporate cyberbullying provisions. Most importantly, the conversation around cyberbullying must move beyond mere awareness to actionable solutions that prioritize mental health and human dignity in digital spaces.


FAQS


Q1: What is cyberbullying?
Cyberbullying refers to harassment or bullying that takes place over digital devices like mobile phones, computers, and tablets through SMS, texts, apps, or social media platforms.


Q2: How is cyberbullying different from traditional bullying?
Unlike traditional bullying, cyberbullying can occur 24/7, spread quickly, and reach a wide audience. Victims often find no refuge even at home.


Q3: Can social media companies be held legally responsible?
Currently, they enjoy immunity under Section 79 of the IT Act as intermediaries, but growing judicial and public sentiment suggests this may soon change through legislative amendments.


Q4: What should a victim of cyberbullying do in India?
Report the content on the platform, file an online complaint with the National Cyber Crime Reporting Portal (www.cybercrime.gov.in), and lodge an FIR under relevant sections of the IPC and IT Act.


Q5: Are there any government initiatives for awareness?
Yes. The Ministry of Electronics and IT (MeitY) has launched the Cyber Swachhta Kendra, and programs under Digital India include cyber hygiene and awareness modules for students and parents.

Leave a Reply

Your email address will not be published. Required fields are marked *