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Laws against cyberbullying In India

- July 18 , 2023 -

In this Digital world, it is also important to understand the problems and crimes that may come with wide access to the internet. There needs to be special rules and regulations for such crimes and one also needs to know these rules and how to protect or defend themselves online.

The following article gives knowledge on these crimes and the rules against them.

 

Cyberbullying

 

The US National Crime Prevention Council defines cyberbullying as "the process of using the Internet, cell phones or other devices to send or post text or images intended to hurt or embarrass another person."In short, harassment of an individual using any digital means is cyberbullying.

Bullying is not restricted to schools, playgrounds, or college campuses, now it is way easier for perpetrators to go online and bully someone.  Due to the increase in the use of the internet anybody can be a victim or perpetrator of cyberbullying. It is seen that cyberbullying is done not online by friends and someone you know even a stranger can easily bully a person.

Components of Cyberbullying

1.      Use of harsh words

2.      Intention to embarrass, harass and insult the victim

3.      Convey the above via information and communication technology and/or digital communication technology

Types of cyberbullying

There are various types of cyberbullying. To understand laws regarding cyberbullying it is also important to know the types of cyberbullying.

  1. Flaming: involves sending offensive or hurtful texts, messages, or emails, directly to the victim. Vulgar and abusive words are sent which are aggressive in nature. Flammer may engage in insulting someone’s race, caste, sex or status, etc.
  2. Harassment: a person receives threatening or hateful messages. These messages usually follow a constant pattern with the intent to hurt. Harassment has 3 traits. One-it is severe for example, the person receiving death threats, two-it is pervasive wherein it might seem minor but can harm the person on receiving end and three-it is online.
  3. Exclusion: In this type of cyberbullying an individual is excluded deliberately from a group and posting malicious comments/messages about them.
  4. Impersonation: Impersonation is when a person makes fake profiles and accounts to destroy one’s reputation in society by sharing personal information about them whether real or fake.
  5. Frapping: when someone uses a person’s social media account to post inappropriate content under that person’s name, the same is considered to be frapping. This is done to ruin the person’s reputation.
  6. Cyberstalking: Cyberstalking is a serious offense where the victim receives threatening messages. It also includes physical threats. Here the victim is monitored and followed online.
  7. Trolling: When inflammatory comments are posted about a person intentionally to disturb him or her mentally, the same is termed as trolling.

 

Laws for Cyberbullying

 

Punishments for cybercullying are listed under Information Technology act, 2000.

 

Section 66A: deals with the punishment for sending messages or emails which are harmful or abusive in nature through the internet or any other platform.

It is also punishable under the provision when someone shares information that he believes to be false. Punishment: 3 years inprisonment if message found offensive. However, this provision was struck down in 2015 as it violates freedom of speech.

 

Section 66C: deals with the punishment for using electronic signature, password or any other identification feature of any other person dishonestly or fraudulently. Punishment: 3 years or 1 lakh fine.

 

Section 66D: deals with an individual who cheats by personation using any social media or communication device for fraudulently pretending to be another person.

 

Section 66E: deals with privacy of person’s body. It says taht it is illegal to capture person’s photographs, publish or transmit such image or film without consent of such person, violating their privacy.

 

Section 67: deals with publishing or transmitting any material which is obscene in nature and if such material tends corrupt people to read, hear or see the material, it would be considered as an offence. Punishment: 3 years with fine up to 5 lakhs.

 

Section 67A: deals with penalising the publishing or transmission of any material which contains sexually explicit content or act. Punishment: 5 years also with a fine up to 10 lakh.

 

Section 67B: deals with materials that depict children in sexually explicit act or conduct. Any person creating or such transmitting such material is punishable.

 

Section 292A of IPC, 1860: deals with the printing of any matter in grossly indecent manner or matter intended for blackmail. Taking part in or receiving any profit from such business which includes sale, import, export or printing etc, of such materials or advertising the same which would be injurious to morality, is punishable.

 

Section 354C of IPC, 1860: deals with voyeurism, Voyeuriem is watching or capturing images of a women engaged in some private act in such circumstances where she presumes privacy or spreads such images to a third party, would be considered as an offence. Females are not punished under this provisions. Punishment: 1 year and this may extend to 3 years with a fine.

 

Section 354D of IPC,1860: deals with when a man follows a woman to establish contact between then inspite of clear disinterest from the woman or monitors online activity or a woman.

 

Section 499 of IPC, 1860: deals with defamationit that includes any speech or document in online format which are posted on online platforms by any person which tends to harm the reputation of any other person. Punishment: simple imprisonment which may extenf up to 2 years or fine or both.

 

Section 507 of 1PC, 1860: deals with any person who through a fake identity or through an unknown telecommunication source, threatens another person.

 

Reporting of cyberbullying

 

         Identify and block the bully's phone number to prevent him/her from sending messages.

         Save all the chats, posts, and emails sent by the bully, to be used as evidence.

         Report the bully's phone number/account details to the service providers - all social networking platforms have this facility.

         If the bullying continues, register a complaint at the cybercrime cell of the local police.

Conclusion

Cyber crimes are on the rise and awareness regarding its laws and consequences is necessary. Cyberbullying is the most common type of cybercrime. The extent of these crimes is not clearly defined under Indian laws and it is necessary that more light is put into cybercrime. One should be aware of what precautions a person should take to keep themselves and their children safe while being online. Awareness about what to do when one becomes a victim of these crimes is also necessary. 

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