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Taming the Digital Bully

Cyberbullying and its Criminalization

Abstract:

While existing laws offer some sort of recourses, a dedicated law criminalizing cyberbullying is debated. Let’s explores arguments for and against such a law, highlighting the need for a balanced approach protecting victims.

Introduction:

The internet has revolutionized communication, fostering connection and information sharing. However, its anonymity and ease of access have also created a dark side: cyberbullying. Defined as the use of electronic communication to bully a person, particularly by sending messages of an intimidating or threatening nature, cyberbullying can have devastating consequences, including depression, anxiety, and even suicide.

India, with its rapidly growing internet user base, has witnessed a significant rise in cyberbullying cases. According to a 2020 report by ResearchGate, over 33% of children in India have experienced online bullying, placing the country at the forefront of online harassment.

Cyberbullying's psychological impact on children, especially students and girls, can be devastating. A recent study found that students who experienced cyberbullying were more likely to report self-harm and suicidal ideation. Girls, who often face cyberbullying that targets their appearance or social status, can be particularly vulnerable. The family dynamic also suffers, with parents experiencing helplessness and frustration. A news report highlighted the case of a teenage girl who tragically took her own life after enduring relentless cyberbullying. These stories underscore the urgency of addressing cyberbullying and creating safe online spaces for our youth.

The Pan-India Threat-Cyberbullying is a growing concern across India, impacting individuals in every state. Studies reveal a disturbing prevalence:

  • A 2020 report by ResearchGate indicates that over one-third of Indian students have experienced cyberbullying.
  • The National Crime Records Bureau (NCRB) data showcases a 63.48% rise in cybercrimes from 2018 to 2019, highlighting the escalating nature of the problem[1].

These statistics paint a grim picture, but the true number of cyberbullying incidents is likely much higher. Social stigma and a lack of awareness often prevent victims from reporting. India stands out with a concerningly high rate of cyberbullying. The findings showed that 14.5% of teenagers were victims of cyberbullying, 5.8% were offenders, and 13.8% were both victims and offenders[2], significantly exceeding the global average. This shows the urgency of taking necessary steps to overcome such harsh situations. This alarming trend necessitates a closer look at the legal framework for tackling cyberbullying and the ongoing debate surrounding its criminalization.

Legal Framework

India currently lacks a specific law criminalizing cyberbullying. However, existing legislation offers some avenues for legal recourse.

The Information Technology Act, 2000 (IT Act)[3]: This act addresses cybercrimes, including those potentially relevant to cyberbullying.

  • Section 66A of the IT Act (now repealed in 2015) previously penalized sending "offensive" messages through communication services. However, concerns over its misuse and potential infringement on freedom of speech led to its abrogation.
  • Section 67 of the IT Act criminalizes the publication or transmission of obscene material, potentially applicable to cyberbullying involving explicit content.

The Indian Penal Code, 1860 (IPC): This comprehensive code defines various criminal offenses.

  • Sections 500 (defamation) and 507 (criminal intimidation) can be invoked in cases of cyberbullying involving malicious messages intended to damage someone's reputation or cause alarm.
  • Section 294 (obscenity) and Section 509 (word, gesture or act intended to insult the modesty of a woman) can be applied to cyberbullying involving offensive or harassing content directed at women.
  • Section 354A (sexual harassment) and Section 354D (stalking) address online harassment with a sexual nature.

Case Laws

Courts in India have interpreted these existing laws to address cyberbullying cases. In the landmark case of Swapnil Tripathi v. State of Maharashtra (2011), the Bombay High Court held that online threats constituted criminal intimidation under Section 507 of the IPC. This case established a crucial precedent for using existing laws to combat cyberbullying.

It is important to note that following the repeal of Section 66A of the IT Act, courts have continued to utilize other provisions to address cyberbullying. In the case of State of Delhi v. Navpreet Singh (2020), the Delhi High Court used Section 294 (obscenity) of the IPC to convict an individual for posting offensive content about a woman online. These cases demonstrate the potential of existing legal frameworks, albeit with limitations.

However, applying existing laws can be challenging. Proving intent, identifying anonymous perpetrators, and the sheer volume of cyberbullying incidents present obstacles. This has led to calls for a dedicated law criminalizing cyberbullying.

Arguments for Criminalization

Proponents of a specific cyberbullying law argue that it would:

  • Enhance enforcement: A specific law would streamline investigations and prosecutions, potentially making it easier to hold cyberbullies accountable.
  • Offer better protection: A dedicated law might allow for more effective victim support mechanisms and stronger safeguards for vulnerable groups.

Arguments Against Criminalization

Opponents of a separate law raise concerns about:

  • Potential for misuse: A broad law could be used to stifle legitimate criticism or dissent, impacting freedom of expression.
  • Difficulties in enforcement: Cyberbullying often involves anonymous online interactions, making identification and prosecution challenging.
  • Focus on punishment over prevention: Resources might be better directed towards public awareness campaigns and educational programs aimed at promoting responsible online behaviour.

Government Helpline and Support:

The Indian government has established a helpline –

Cyber Crime Reporting Portal (https://cybercrime.gov.in/)[4] – for victims to report online harassment. Additionally, the National Helpline for Women - 181 – can be used to report cyberbullying incidents with a gendered aspect.

Several NGOs in India actively support victims of cyberbullying. Some prominent organizations include:

These organizations play a vital role in empowering victims and raising awareness about cyberbullying.

Suggestions

Considering the challenges and ongoing debate, a multi-pronged approach is likely the most effective way to tackle cyberbullying in India. Here are some suggestions:

  • Strengthening Existing Laws: The IT Act and IPC can be reviewed to ensure relevant sections are clear and effectively address cyberbullying tactics.
  • Law Enforcement Training: Law enforcement agencies can be equipped with specialized training to investigate and prosecute cyberbullying cases more efficiently.
  • Cyberbullying Awareness Campaigns: Public awareness campaigns can educate internet users, particularly young people, about cyberbullying, its consequences, and responsible online behaviour.
  • School Curriculums: Integrating cyberbullying awareness and digital citizenship education into school curriculums can equip students with the knowledge and skills to navigate online interactions safely and ethically.
  • Reporting Mechanisms: Creating user-friendly reporting mechanisms on social media platforms and other online platforms can empower victims to report cyberbullying incidents effectively.

If you are being bullied...

Some steps to protect yourself and address the situation:

  1. Don't Respond: Engaging with the bully can often escalate the situation. It's best to avoid responding to their messages or comments.
  2. Collect Evidence: Keep a record of the cyberbullying by taking screenshots, saving messages, or documenting online posts. This evidence will be crucial if you decide to report the incident.
  3. Block the Bully: Most social media platforms and online services allow you to block the bully. This will prevent them from contacting you directly.
  4. Report the Abuse: Many platforms have reporting mechanisms in place for cyberbullying. Report the incident to the platform where the bullying is happening.
  5. Talk to Someone You Trust: Tell a trusted adult, friend, or family member about the cyberbullying. Talking about it can help you feel less alone and get the support you need.
  6. Seek Help: There are organizations and hotlines available to offer support and guidance to victims of cyberbullying. Make use of government portals and helpline number.
  7. Remember, you are not alone: Cyberbullying is a serious issue, but there are people who can help. Support is around you.

Conclusion

Cyberbullying is a serious issue in India, demanding effective solutions. While existing laws offer some legal recourse, a dedicated cyberbullying law could provide clarity and potentially enhance enforcement. However, careful consideration is needed to ensure such a law does not stifle legitimate expression. Even though I wasn't aware of it at the time and was unable to tell anybody, I was a victim of cyberbullying via social media. Thinking back on it still feels like a bad dream. but learn from my errors, be careful, and ask for assistance.

Author's Note:

This article is an entirely original work, never before submitted for publication. It is intended solely for academic and scholarly discussion. The author takes personal responsibility for any potential infringement of intellectual property rights.

Author Profile:

Sneha, 3rd year student of LL.B. Professional course, Department of Law, Kurukshetra University, Kurukshetra.

[1] “Increase in Cyber Crimes” (PIB GOV, 2023) https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2003505 accessed May 31, 2024

[2] “Predictors, Prevalence, and Patterns of Cyberbullying among School-Going Children and Adolescents” (NCBI, July 2023) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10461578/ accessed May 31, 2024

[3] “THE GAZZETE OF INDIA” (Eprocure Gov, 2000) https://eprocure.gov.in/cppp/rulesandprocs/kbadqkdlcswfjdelrquehwuxcfmijmuixngudufgbuubgubfugbububjxcgfvsbdihbgfGhdfgFHytyhRtMjk4NzY= accessed May 31, 2024

[4] “National Cyber Crime Reporting Portal” (Cyber Crime Portal, May 2024) https://cybercrime.gov.in/ accessed May 31, 2024

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