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Broadly speaking: Cyber Space infringing the Security of People

Aug. 09, 2020   •   Snehal Asthana

The era of cyberspace has become all-encompassing i.e. it somewhere or the other touches the lives of every human being. It also provides assurance through Cyber Security which denotes the technologies and procedures intended to safeguard the computer and its data from the unlawful admittance weaknesses and attacks transported through the internet by cyber errant. The internet has provided an intricate environment for the people to access things easily sitting at home but at the same time has given birth to the most dangerous crime called ‘Cyber Crime’ which has jeopardized the right to privacy of the people.

Cyberattacks are becoming more commonplace, sophisticated, and severe. As Covid-19 forced millions of people’s lives online, stable and secure internet is essential to the functioning of societies.

Cybercrime is defined as the criminal offenses committed online via the internet or through the help of any form of computer networking technology like

  • Cyber Bullying; the use of the social networks to intentionally use negative words against a person to cause harm to the person’s well being.

In the case of SMC Pneumatics (India) Pvt. Ltd. vs. Jogesh Kwatra[1], it was the first cyber defamation case in which the cooperation’s reputation was been defamed through emails and the Delhi high court passed an ex- parte injunction.

  • Cyber sexual harassment; sending of sexually explicit photos.

In the case of the ‘Bois Locker Room’, some juvenile boys made fake profiles on the social media to discuss disgusting things about the girls with other minor boys and to share their sexually explicit photos in the chat which was then brought in front of the eyes of the Delhi Police and the group admin who was also an active member of that group was arrested.

  • Cyber Racism; bullying the people on the internet by their race, color, etc.

Human Rights and Cyber Space.

The International Telecommunication Union estimates that almost half of the population all the world is now internet users. The government and other organizations are using this platform for the delivery of the services. According to the International Covenant on civil and political rights, the right of freedom of expression of the people should not be taken away from them i.e. everyone should have the right to seek, receive and impart information and ideas of all kinds through any media of their choice. The United Nations of Human Rights Commissions has stated that ‘the same rights which were provided to the people over offline should be provided to them online.’ In accordance with that in India the National Open Digital Ecosystem (NODE) is there to provide services to the people via the internet. As the government looks for the maxim “Minimum government and maximum governance” i.e. to bring the government closer to the citizens so that they can actively participate in the governance process, the role of the digital ecosystem has come into existence wherein all the documents of the individual are registered to start from Aadhar card, Vahan; the vehicle registration, UPI, etc. The cyberspace has helped to a great extent to reproduce and recast the pre-existing behavior within an online medium. But the impact of these changes has created many problems at the same time like data diddling, hacking, unauthorized access to the data of others.

In the case of Pune Citibank Mphasis Call center Fraud, where the crime raised concern towards the role of ‘Data protection’. The crime was authorized by using ‘unauthorized access’ to the ‘Electronic Account Space’ of the customers.

Through these crimes, via internet the privacy of the people are no longer safe and secure. Human rights are being infringed. No doubt the development of cyberspace has made the lives of the individual very easy but at the same time vulnerable and risky. Fundamental rights are at stake when governments engage in cyberattacks, like when Russia pack up the web because it did in Crimea in 2016 and in Ingushetia in 2018, or when a government hacks into a dissident or journalist’s phone, as Saudi Arabia and the United Arab Emirates have repeatedly done.

This human rights law in cyberspace is comparatively new but has put all its efforts to protect the privacy of the people.

The society is now made so that, the technology is implementing the laws. As said by Jon Bing ‘once the rules and regulations would be automated; they would become exceptionally onerous to subject to judicial review.’ This is what is happening in the present scenario. Although the internet is a powerful instrument in the 21st century which provides unparalleled opportunities at the same time the cybersecurity or the data protection service is not secure. The right to privacy of the entire individual which is a fundamental right of every individual is being infringed via the internet. The cyberspace is misused more than what is used. The future of cyberspace can either cause problems regarding the privacy and the basic rights of the people or would be the best source for the people to protect their privacy in the near future. The development and evolution of law in this particular sector would decide the value of this in public privacy.

Abhijit Mohanty, a fourth-year law student from Amity University Rajasthan pursuing BBA LLB(Hons.) integrated course with specialization in International Trade Law.

Disclaimer: The article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our terms of use or write to us in case of any concerns.


[1] 1279/2001


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