Author: Yashijeet Gond, City Academy Law College
To the Point
Cyberbullying, defined as the use of digital platforms to threaten, mistreat, or damage individuals, has become a widespread problem worldwide. This case study investigates the particular circumstances surrounding cyberbullying in India, looking into its frequency, consequences, and legal options available for victims. By conducting a thorough examination of relevant legislation, significant cases, and shifting legal interpretations, this article seeks to illuminate the complex nature of cyberbullying and the judicial pathways for seeking justice within the Indian legal framework. As the internet and social media continue to expand, cyberbullying has emerged as a critical societal issue. In India, with its rapidly increasing online population, incidents of cyberbullying have surged at an alarming rate. This article addresses the intricate aspects of cyberbullying within the Indian setting, acknowledging its various manifestations , including online harassment, trolling, doxxing and spreading false information. Furthermore, the article looks into the legal environment concerning cyberbullying the options available for victims pursuing justice.
Cyberbullying involves the use of electronic communication tools to intentionally harm, intimidate, or harass another person. This encompasses:
Harassment: repeatedly sending messages like threatening, offensive, or derogatory messages.
Flaming- participating in online disputes using aggressive and vulgar language.
Exclusion- intentionally excluding someone out of an online group or activity.
Outing- disclosing someone’s private or sensitive information publicly without their consent.
Cyberstalking- persistently monitoring, tracking, or intimidating someone online.
Impersonation- creating fake accounts to mimic someone and disseminate harmful content.
Obstacles in prosecuting cyberbullying
Even with the current legal structure in place, prosecuting cyberbullying incidents in india faces a variety of difficulties. The anonymous characteristic of online platforms frequently makes it hard to identify and catch offenders. Furthermore, the limited understanding of legal options and the shame associated with being a cyberbullying victim lead to a low rate of reporting.
The fluid and non-territorial aspect of the internet adds further obstacles to enforcing judgements, particularly when the victims and offenders are situated in different legal jurisdictions. This highlights the necessity for international collaboration and mutual legal aid in situations involving cyberbullying across borders.
Legal Remedies and Support Systems:
Individuals affected by cyberbullying in India have access to several legal options and support systems. Reporting incidents of cyberbullying to law enforcement entities, like the Cyber Crime Cells set up in numerous cities, is an essential first move. The National Cyber Crime Reporting Portal, initiated by the Ministry of Home Affairs, offers an online venue for reporting cybercrimes, including acts of cyberbullying.
Legal experts and non-governmental organizations, such as the Cyber Peace Foundation and the Internet Freedom Foundation, play an important part in educating the public about cyberbullying and offering legal support to victims. Programs like the Cyber Volunteer Program, which motivates individuals to help create a safer online atmosphere, illustrate the collaborative efforts between governmental bodies civil society.
Use of Legal Jargon
India does not have a specific law that directly addresses cyberbullying. Instead, it relies on general provisions under:
Bharatiya Nyaya Sanhita (BNS),2023
Section 74: Outraging the modesty of a woman.
Section 75: Sexual Harassment.
Section 351: Criminal intimidation.
Section 356: Defamation.
Section 196: Promoting enmity between groups.
Information Technology(IT) Act,2000
Section 66C: Identity theft
Section 66D: Impersonation using computer resources.
Section 67: Publishing obscene content online.
Section 69A: allows the government to block online content in the interest of national security, public order, or foreign relations.
Section 79: provides ‘safe harbour’ protection to social media platforms from liability for user-generated content, unless they fail to act on unlawful content once informed.
Case Laws
Shreya Singhal vs Union of India-
The Supreme Court struck down Section 66A of the IT Act for violating freedom of expression while stabling boundaries between protected speech and prohibited content. Justice Rohinton Nariman noted that ‘the possibility of Section 66A being applied for purposes not sactioned by the Constitution cannot be ruled out’, creating a watershed moment in Indian cyber law jurisprudence. While not directly addressing cyberbullying, this judgement established constitutional parameters for regulating online speech.
Avnish Bajaj vs State-
This case including the posting of disgusting substance on an e-commerce stage, built up standards with respect to mediator risk that impacted ensuing cyberbullying jurisprudence. The Delhi High Court’s approach presaged later developments in the IT Act’s safe habour provisions.
Abstract
Cyberbullying has risen as a unaviodable issue affecting individuals, especially teenagers, in the digital age. It begins by laying out the significant laws, including the Information Technology Act, 2000 and Bhartiya Nyaya Sanhita, 2023 while highlighting the holes and challenges in enforcement and victim support. The discoveries recommend that whereas India has made strides in recognizing cyberbullying, significant improvements are needed in legitimate clarity, implementation, and public awareness to create a safer online environment for all users. Eventually, this paper advocates for all encompassing approach that coordinating lawful, educational, and technological solutions to effectively combat cyberbullying.
Conclusion
Cyberbullying is a criminal offence, occurring when an individual utilizes video or audio to express resentment, jealously, abusive language, or disrespectful gestures, which can damage a person’s reputation, induce anxiety and stress, and disrupt the mental well- being and peace f the targeted individual.
To instill fear in potential offenders before they carry out a crime, the penalties should be non-bailable. Statistics indicate that India faces the highest rates of cyberbullying, with children being the most common victims of this crime. Although laws exist to penalize bullying, only a limited number of victims and their families report incidents of cyberbullying.
FAQS
What is cyberbullying?
Cyberbullying means harassing or insulting any person through various digital platforms or communication sources like e-mails, DM, and other social media apps.
What is Catfishing?
Catfishing refers to a scam where someone, the catfish creates a fictitious online identity and seeks out online relationships.
What are the types of cyberbullying?
There are different types of cyberbullying. They are- Flaming, Harassment, Trolling, Cyberstalking, Frapping, Exclusion, Impersonation.
What is Safe Harbour protection in cyber law?
It is a legal concept that secures person websites that permit third party users to share content from legitimate obligation for any illegal posts.