Author: Smaranika Chatterjee BALLB (1st Semester), Department of Law, Jogesh Chandra Chaudhuri Law College.
Abstract
1Cyberbullying has emerged as a significant societal issue in the digital era,
leading to profound consequences on individual’s specifically children and adolescents
mental well-being. Prominent effects of cyberbullying include anxiety, depression, even
suicide and innumerable critical issues. This article attempts to explore current laws and its fierce challenges that exists. Several countries worldwide have enacted laws to encounter cyberbullying, including comprehensive measures safeguarding individual’s rights in cyberspace and ranging to penalties. In India, some laws like the Information Technology Act (2000), the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act (2015) and Indian Penal Code 1860 aim to curb such activities. Despite these efforts, enforcement challenges remain. This article delves into the legal framework addressing cyberbullying, its limitations and the mental health implications for victims.
Keywords: Cyberbullying; Victimisation; Impact on Mental Health; Cyberbullying
Prosecution; Legal Challenges; Children and Adolescents
Introduction
Although the rapid expansion of the internet has revolutionized
communication yet it has provided a rising platform to cyberbullying. Cyberbullying is a kind of harassment executed through different digital means like social media, email, messaging platforms even forums. Bill Belsey first defined the term ‘cyberbullying’ Cyberbullying is summarised as an intentional aggressive and repeated behaviour that intends to harass, privacy invasion, phishing, cyber frauds, intimidate and threaten the victim via electronic means characterised by imbalance of power. Person of different age groups including children, teenagers, adults and even old age people are nowadays the victim of cyber bullying. In India, The Information Technology Act, 2000 and some sections of IPC provides for the punishment of cyberbullying and concluding offences in the country.
In the case of Vishaka v. State of Rajasthan2 , Supreme Court of India acknowledged cyberbullying for the first time as a severe issue. In thus landmark judgement, the Honourable Court interpreted the Indian Constitution and other laws and provided the guidelines to deal with the issues of cyberbullying that might happen with women at workplace.
Types Of Cyberbullying
There are multiple types of cyberbullying including harassment, trolling, flaming, cyberstalking, exclusion, impersonation, doxing and many more.
- Harassment: Harassment mainly occurs through emails, social media or through
various messaging apps. Sending offensive message or threatening someone via
private messaging is a perfect example of cyberbullying. - Doxing: Revealing or publishing someone’s address, contact no., or any other
crucial information with malicious intent are considered as the offense of doxing as a form of cyberbullying. - Impersonation: Impersonation involves the act of making fake profile pictures,
using fake phone numbers with the intention to deceive, manipulate or harm the
reputation of person who is being impersonated. - Flaming: Flaming includes vulgar or abusive words which are full of anger.
Flaming also escalates upto into arguments or conflicts. Provoking someone by using offensive language in any heated online argument can be a perfect example of flaming as a type of cyberbullying. - Trolling: Trolling is a type of cyberbullying wherein trollers comments on someone
in such a way that disturbs him/her emotionally or mentally. - Cyberstalking: Cyberstalking involves monitoring or following someone without
their consent. Cyberstalking is a criminal offence under IPC, 1860.
Indian Legal Framework Addressing Cyberbullying
India lacks a specific law
addressing cyberbullying; however, various provisions of the Information Technology Act ,2000 (IT Act) and the Indian Penal Code (IPC) cover related offenses:
- Section 66 (A) of The Information Technology Act, 2000 deals
with the punishment for sending messages or mails which is abusive in nature and is sent to cause inconvenience or annoyance to the victim though the various internet platforms. Under this Sec. punishment given was 3 years of imprisonment. However, this section was declared unconstitutional by the Hon’ble Supreme Court in the case of Shreya Singhal as this section violated the right to free speech. - Section 66 (D) of The Information Technology Act, 20003 punishes
the person who commits cheating by impersonating and using social media. - Section 66 (E) of The Information Technology Act, 2000 was
added in The Information Technology (Amendment) Act, 2008. This section provides protection to both men and women reducing the gender bias which was made in section 354 C of the Indian Penal Code, 1860. According to this section it is punishable to capture any video, image, or to record through any means and reveal it publicly without consent. This section of The IT Act basically deals with the offences of violating right to privacy. - Section 67 of The Information Technology Act, 2000 deals with the
offence in which any photo/video which is obscene in nature is published or
transmitted, the person publishing it can be charged under section 67 and can be
punished with imprisonment which may extend to 3 years and fine extending to 5
lakhs. - Section 354 C of the Indian Penal Code, 1860 deals with the offence
where any man who captures the image of any women who is engaged in any private act and publish it or spreads it to a third party is punishable with imprisonment of term upto 3 years and fine in first conviction and imprisonment upto 7 years and fine on second conviction. This section of IPC is a gender specific provision and females are not punished under this provision. - Section 354 D of the Indian Penal Code, 1860 also deals with the
offence of cyberbullying. This section of IPC defines stalking as an offence wherein any man who follows or monitors any women without her consent any tries to create interaction with her even after she has shows clear disinterest in him is said to commit the offence of stalking. This section also states that stalking through online platforms also constitute the offence of stalking. Sec. 354 D is also a gender specific provision and covers only women. - Section 499 and Section 500 of the Indian Penal Code, 1860 also
helps in dealing with cyberbullying where derogatory remarks and comments about
someone is made using various online platforms. - Section 507 of the Indian Penal Code, 1860 specifically address the
offence of criminal intimidation through anonymous communication.
Case Laws
Shreya Singhal v. Union of India AIR 2015 SC 1523 : In this case the
constitutional validity of Sec. 66 A of The Information Technology Act, 2000 which
criminalised and allowed for the arrest of individual who made offensive comment on social media platforms. The Honourable Supreme Court in this case declared sec. 66 A of the IT Act, 2000 unconstitutional to safeguard the fundamental right to freedom of speech.
Ritu Kohli’s case4 :- In this case. Ritu Kohli (petitioner) complained that she was being
impersonated by defendant and the defendant was using her name illegally on social media and was chatting with various people and have also used obscene words. The defendant had also circulated her number to various people due to which Ritu was getting calls from different numbers and at various unusual times. At last she was frustrated and complained about the same to Delhi Police. After the complaint and investigation the accused was booked under sec. 509 of IPC for outraging the modesty of women.
Global Perspectives
Countries like the United States, Australia, and the United Kingdom have introduced targeted
laws to address cyberbullying:
- United States: Laws vary across states, but many include provisions for online
harassment. - Australia: The Safety Commissioner investigates cyberbullying complaints,
ensuring swift action. - United Kingdom: The Malicious Communications Act (1988) and
Communications Act (2003) penalize offensive messages sent via digital platforms.
Impact on Mental Health
Victims of cyberbullying experience a range of psychological effects, including:
- Anxiety and Depression: Constant harassment leads to feelings of
helplessness, worthlessness, and fear. - Post-Traumatic Stress Disorder (PTSD): Persistent abuse can result in
long term emotional trauma. - Suicidal Ideation: Studies show a strong link between cyberbullying and
suicide, especially among adolescents. - Social Isolation: Victims may withdraw from social activities, exacerbating
feelings of loneliness. - Academic and Professional Impacts: Reduced focus, absenteeism, and
declining performance are common among victims.
Conclusion
Cyberbullying represents a significant challenge in today’s interconnected world, with far- reaching implications on individuals’ mental health. While existing legal frameworks offer some recourse, gaps in enforcement and jurisdictional challenges hinder their effectiveness.
Empirical research is essential in demonstrating the impact of a legal intervention on
cyberbullying. As India is a country with very large population, it is very important for the lawmakers to make a law which is specifically made to deal with the offences related to cyberbullying. However, some of the provisions or IPC and IT Act deals wiry the offences or cyberbullying but the bullies make it difficult for the police to catch the offender. Moreover inspiration could be drawn from research in the USA where bullying and cyberbullying is made illegal in a number of states (Hinduja & Patchin, 2015). Ultimately, addressing cyberbullying is not just about punitive measures but fostering a culture of empathy, respect, and accountability in cyberspace.
Reference Links
- Section 354 D of the Indian Penal Code 1860 s.in/overview-of-concept-of-cyberbullying (last visited on January 20, 2025)
https://sociallawstoday.com/cyberbullying-and-laws-related-to-it-in-india
- Cyerbullying cases in India (last visited on January 21, 2025)
https://www.legalsery.coindia.com/ch/article-2358.cyberbullying-tistegarded-sch
- Journal (last visited on January 22, 2025)
- Unicef (last visited on January 23, 2025)
- National Crime Records Bureau (India) (last visited on January 24, 2025)
- Cyberbullying Research (last visited on January 25, 2025)
http://www.ijnrd.org/papers/IJNRD2406095.pdf
- IJNRD (last visited on January 26, 2025)
https://legalserviceindia.com/legal/article-10150-cyber-bullying-a-brief-analysis.html
- Cyberbullying: A brief analysis (last visited on January 27, 2025)
https://chatgpt.com/c/678cb069-afc0-8011-880a-80d5583abbae
- Global Perspective Of Cyberbullying (last visited on January 28, 2025)
- Aiman Ei Asam and Muthana Samara, Cyberbullying and the law: A review of
psychological and legal challenges (2016) (Unpublished MA MSc in Psychology, Kingstone University London) ↩︎ - 2 Adarsh Raj, “Cyberbullying and related laws in India” International Journal of Novel Research and Development (2024) ↩︎
- Aditi Sharma, Cyberbullying and legal remedies in the Indian context: A
comprehensive case study, (2020) (Unpublished Advocate, India) ↩︎