Author: Vedika Mishra, KC Law College
Abstract
In today’s digital era, the internet has become an indispensable part of our lives. Being a sector, which is ever-growing and ever-evolving, it has also become an area of a concern with the constant increase in the numbers of crimes associated with the cyber world. Unfortunately, cyberbullying has become very common in the virtual world with the rise in the internet-users in this country. On the other hand, India has no specific law dealing particularly with cyberbullying which forces us to see the urgency of having a comprehensive legislation. This article aims to uncover the truth about cyberbullying, laws relating to it and case laws. It will also emphasize on the significance of enacting an anti-cyberbullying law in India.
To the Point
Cyberbullying refers to an action which is deliberate in nature, causing any kind of threat or harm to another individual through harassment, fear-infliction or intimidation in the virtual world, using computer resources, digital platforms and social media. It comprises of numerous actions, such as- trolling, impersonation, cyberstalking, flaming, exclusion, outing or doxing, threats of child pornography, sending pornographic or explicit messages or photos, generating deepfake pornographic content, sending mean and vulgar messages, and sending or posting any obscene or vulgar content, etc.
Trolling: When a person makes unpleasant and unacceptable comments on the other individual in a deliberate manner, usually with the intent to harass the other person.
Impersonation: When a person under a false identity or by wearing a mask through anonymity pretends to be another person, with a malicious intent.
Cyberstalking: When a person uses internet resources to track another person in order to harass or harm the other individual.
Flaming: Using abusive language or derogatory terms while arguing with people on the internet.
Exclusion: Deliberately or intentionally remove an individual out of a group or a message.
Outing or Doxing: When an individual intentionally or deliberately shares personal information of another person without asking for his consent.
Use of Legal Jargon
As there is no specific and exclusive legislation for cyberbullying in India, it is addressed by numerous scattered provisions across different legislations.
The legislations dealing with cyberbullying are as follows:
The Protection of Children from Sexual Offences (POCSO) Act, 2012
The Information Technology Act, 2000
The Indian Penal Code,1860
The Protection of Children from Sexual Offences (POCSO) Act, 2012 protects children against cyberbullying. Section 11, 12, 13, 14 and 15 of the Act deals with such provisions, whereas Section 66, 66C, 66D, 66E, 67, 67A and 67B of The Information Technology Act, 2000 protects all the citizens. Section 354D, 499, 500, 503, 507 and 509 of The Indian Penal Code, 1860 also helps in addressing this evil.
The Proof
The Protection of Children from Sexual Offences (POCSO) Act, 2012:
Section 11: Sexual Harassment against children by sending mean and vulgar messages, sending pornographic or explicit photos, videos or content or making sexual comments.
Section 12: The punishment for the offence of sexual harassment is imprisonment up to 3 years and fine.
Section 13: Use of Child in pornography by forcing and threatening a child into participating in pornographic content or sharing or sending any pornographic content to a child.
Section 14: Punishment for use of child in pornography is a minimum of 5 years which can go up to 7 years or even imprisonment for life.
Section 15: Possession of child pornographic content or material by storing or downloading such content online. Sharing such content is punishable too.
The Information Technology Act, 2000:
Section 66: Sending mean, vulgar, harmful, threatening, obscene or abusive messages on the internet.
Section 66C: Using personal details, login credentials or any private information to harass or harm the other person.
Section 66D: Impersonation by pretending to be someone else with a malicious intent by creating a false identity or fake account
Section 66E: Capturing or sharing any private images of any person without asking for his consent.
Section 67 and 67A: Publishing obscene, sexually explicit or pornographic material or content and transmitting on the internet.
Section 67B: Publishing or transmitting child pornographic material or content on the internet.
The Indian Penal Code, 1860:
Section 354D: Cyberstalking by tracking and monitoring activities of a person without consent.
Section 499: Defamation by publishing any kind of defamatory statements or false statements on the internet to harm the reputation of the other person.
Section 500: The punishment for the offence of defamation is up to 2 years or/and fine.
Section 503: Threatening, Harming or Harassing a person on the internet.
Section 507: Sending abusive, threatening or outrageous messages through fake accounts or false identities or anonymous accounts.
Section 509: Sending sexually coloured remarks or offensive messages that insult a woman’s modesty on the internet.
These provisions are not specific to cyberbullying and are scattered across different legislations. Therefore, a comprehensive legislation is urgently needed in India.
Case Laws
Shreya Singhal v UOI:
It was held that Section 66A of the IT Act was not constitutional and it was struck down. It violated the right to freedom of speech and expression under Section 19 of The Constitution of India. This led to the interpretation of already existing laws for cyberbullying, resulting in delay. It explained that there is no specific legislation and exposed the legal vacuum that exists in India. Thus, a comprehensive Act is the need of the hour in India for a proper reporting mechanism and redressal procedure.
Ritu Kohli Case:
An unknown person concealed his identity and presented himself as Ritu Kohli and used her identity in a chatroom resulting in cyberstalking. This is also the first case of cyberstalking in India. The accused also revealed her personal number on the group resulting in calls encouraging harassment. Cyberstalking is considered as a punishable offence, but had no provision dealing with stalking. Ultimately, Section 509 was used to file the case which is about insulting the modesty of a woman. This explained that these provisions miserably failed to address the modern forms of cyberbullying, such as- cyberstalking, trolling, doxing, etc. Therefore, a comprehensive legislation in India for cyberbullying is urgently needed.
Conclusion
It is quite evident that these scattered provisions across different legislations are failing miserably while addressing the modern forms of cyberbullying, such as- cyberstalking, doxing, flaming, deepfakes, etc. These provisions are not directly dealing with cyberbullying, resulting into delay and improper redressal. A comprehensive legislation for cyberbullying will enable proper system for prevention as well as rehabilitation. This comprehensive Act shall include- exact definitions, offenses, reporting process, redressal procedures, protection of cyberbullying victims. It shall help in creating a safe space on the internet. Thus, India definitely needs a comprehensive and exclusive Act dealing with anti-cyberbullying laws in India.
FAQS
Q1: What is Cyberbullying?
Cyberbullying refers to an action which is deliberate in nature, causing any kind of threat or harm to another individual through harassment, fear-infliction or intimidation in the virtual world, using computer resources, digital platforms and social media.
Q2: Is Cyberbullying punishable in India?
Cyberbullying is punishable in India. It comprises of numerous actions, such as- trolling, impersonation, cyberstalking, flaming, exclusion, outing or doxing, threats of child pornography, sending pornographic or explicit messages or photos, generating deepfake pornographic content, sending mean and vulgar messages, and sending or posting any obscene or vulgar content, etc.
Q3: What is trolling?
Trolling refers to a situation, when a person makes unpleasant and unacceptable comments on the other individual in a deliberate manner, usually with the intent to harass the other person.
Q4. What does impersonation mean?
Impersonation is when a person under a false identity or by wearing a mask through anonymity pretends to be another person, with a malicious intent.
Q5. What does doxing or outing mean?
When an individual intentionally or deliberately shares personal information of another person without asking for his consent on the internet.
Q6: What are the sections applicable on cyberbullying?
The Protection of Children from Sexual Offences (POCSO) Act, 2012 protects children against cyberbullying. Section 11, 12, 13, 14 and 15 of the Act deals with such provisions, whereas Section 66, 66C, 66D, 66E, 67, 67A and 67B of The Information Technology Act, 2000 protects all the citizens. Section 354D, 499, 500, 503, 507 and 509 of The Indian Penal Code, 1860 also helps in addressing this evil.
Q7: Is there any specific legislation for cyberbullying?
No, there is no specific legislation for cyberbullying in India. It is addressed by numerous scattered provisions across different legislations. The legislations dealing with cyberbullying are as follows:
The Protection of Children from Sexual Offences (POCSO) Act, 2012
The Information Technology Act, 2000
The Indian Penal Code,1860
Q8: Is there a need for a comprehensive legislation for cyberbullying?
All the provisions are not specific to cyberbullying and are scattered across different legislations. Therefore, a comprehensive legislation is urgently needed in India. This comprehensive Act shall include- exact definitions, offenses, reporting process, redressal procedures, protection of cyberbullying victims. It shall help in creating a safe space on the internet. Thus, India definitely needs a comprehensive and exclusive Act dealing with anti-cyberbullying laws in India.
