Cyberbullying and Legal Remedies in India

Abstract

Cyberbullying is bullying with the use of digital technologies, which can take place on social media, messaging platforms, gaming platforms, and mobile phones. It is repeated behaviour aimed at scaring, angering, or smearing those who are targeted. Not all forms of abuse leave bruises.

This article examines the complex aspects of cyberbullying in India—its frequency, forms, victims, legal remedies, and social impact. While certain protections exist under the Information Technology Act, 2000[1] and the Bharatiya Nyaya Sanhita, 2023[2] (which replaced the Indian Penal Code), there remains a striking lack of a distinct, unified legal framework specifically addressing cyberbullying.

It is essential to know your legal rights and the legal process to take action if someone has been a victim of cyberbullying in India, because cyberbullying can happen to anyone.

I. Introduction

Today, the use of digital platforms has become an integral part of our lives as well as a source of livelihood. Social media now plays a central role in daily routines, from sharing memories on Instagram to discussing ideas on platforms like Twitter. While the internet gives us a space to express ourselves, connect with others, and pursue opportunities, it has also given rise to new forms of harassment, abuse, and intimidation. This is the dark side of the digital revolution—cyberbullying.

Cyberbullying is a form of cybercrime that involves using technology to bully someone. It can take place through social media, messaging platforms, gaming platforms, and mobile phones. It is not accidental or intended as a joke; rather, it is done deliberately to intimidate, threaten, and harm the victim. Cyberbullying can have a long-lasting traumatic impact on the victim.

Unlike other forms of bullying, there is no escape from cyberbullying because it can follow you everywhere, at any time. Since social media has become such an integral part of our lives, escaping from cyberbullying becomes nearly impossible for someone who falls victim to it.

II. Types of Cyberbullying

Cyberbullying manifests in various forms, each with its own characteristics and harmful effects:

1. Harassment: This involves sending abusive, offensive, or threatening messages repeatedly to the victim through digital platforms, causing significant emotional distress and psychological harm.

2. Doxing: In this form of cyberbullying, the perpetrator publicly shares private, sensitive, or confidential information about the victim without their authorization, often to humiliate or expose them.

3. Trickery: The bully deceives the victim into believing they are safe, gaining access to personal or confidential information, and later exploits or discloses these secrets to harm the victim.

4. Cyberstalking: This involves persistently monitoring and tracking the victim’s online presence and activity, followed by sending unwanted and intimidating messages or threats based on the gathered information.

5. Masquerading or Impersonation: The perpetrator creates fake profiles or accounts using the victim’s name, photos, or personal details, and uses these false identities to post harmful content, thereby tarnishing the victim’s reputation.

6. Dissing: The bully spreads false, derogatory, or harmful information about the victim to others, including mutual friends or online communities, with the intent to damage the victim’s social standing and credibility.

7. Trolling: This involves posting provocative, insulting, or mocking comments on the victim’s social media posts or profiles to humiliate them publicly and inflict emotional distress.

8. Flaming: Also known as roasting, this type involves attacking the victim with hostile, vulgar, or aggressive language in online forums, group chats, or social media platforms to embarrass and degrade them.

9. Exclusion: The perpetrator deliberately removes or excludes the victim from online groups, social circles, or conversations, and also spreads malicious rumors or false information about them to further isolate and harm them.

10. Frapping: The bully unlawfully accesses the victim’s social media or email accounts and posts offensive, disturbing, or inappropriate content in the victim’s name to defame and humiliate them.

11. Deepfake Using AI: This emerging form of cyberbullying employs artificial intelligence technology to produce fake but realistic-looking images, videos, or audio recordings of the victim, which are then used to defame or blackmail them.

III. Legal Remedies in India

Though India does not have a single law specifically titled the “Cyberbullying Act,” several legal provisions protect citizens from online harassment. Understanding these provisions is crucial for victims seeking justice.

A. Information Technology Act, 2000

The Information Technology Act, 2000 is the primary law in India that governs digital and electronic communication.[3] Several sections are particularly relevant to cyberbullying:

Section 66C (Identity Theft): This section punishes anyone who steals someone else’s personal information or identity online without authorization. The offender can face up to three years in prison or pay a fine.

Section 66D (Cheating by Personation): If someone pretends to be another person on the internet to cheat or deceive others, this section applies. The punishment can be three years in prison or a fine.

Section 66E (Violation of Privacy): Taking or sharing private photographs or videos of someone without their consent, especially from private areas, is an offense under this section. The penalty can be imprisonment for up to three years or a fine.

Section 67 (Obscene Material): Publishing or transmitting obscene or pornographic content electronically is prohibited. The punishment is imprisonment for up to five years and a fine.

Section 67A (Sexually Explicit Material): Sharing sexually explicit content online attracts stricter punishment with imprisonment and heavier fines.

B. Bharatiya Nyaya Sanhita, 2023

The Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, contains several provisions addressing cyberbullying:[4]

Section 78 (Cyberstalking and Online Harassment): This section deals with cyberstalking, punishing anyone who repeatedly follows or harasses someone online, causing them fear or distress.

Section 351 (Online Threats and Intimidation): This section makes it illegal to send threats or blackmail others through electronic communication, protecting victims from online intimidation.

Section 74 (Outraging Modesty of a Woman Digitally): This provision protects women by punishing acts that publicly or outrage their modesty on digital platforms, such as sending abusive messages or posting humiliating content.

IV. National Cyber Crime Reporting Portal

The Government of India has established the National Cyber Crime Reporting Portal to facilitate easy reporting of cybercrimes and enable timely action by law enforcement agencies.[5]

Purpose: This portal’s main goal is to allow citizens to quickly report cybercrimes and help law enforcement take timely and effective action to stop criminals and protect victims.

How to File a Complaint:

1. Visit the official portal at https://cybercrime.gov.in.
2. Register yourself by filling in basic personal details.
3. Choose the category of cybercrime you want to report.
4. Fill out the complaint form with all details about the incident.
5. Upload relevant evidence such as screenshots, messages, emails, or URLs.
6. Submit the form and note down the complaint ID generated for future reference.
7. Police and other authorities will take necessary action based on the complaint.

Types of Evidence Accepted:

1. Screenshots or pictures of offensive messages or posts
2. URLs or links to websites or social media content
3. Email or chat conversation records
4. Transaction receipts or bank statements for financial fraud
5. Any other digital documents proving the crime

Who Can File: Anyone affected by or witnessing a cybercrime can file a complaint. This includes victims, their family members, or even organizations reporting cyber-attacks on their systems. This portal ensures easy access to justice for victims and strengthens online safety by encouraging prompt reporting and follow-up by the police.

V. Cyberbullying Case Law in India

Several landmark cases have shaped the legal landscape of cyberbullying in India:

The Shreya Singhal v. Union of India (2015) case is perhaps the most famous.[6] The Supreme Court struck down Section 66A of the Information Technology Act, which criminalized sending offensive messages online, because it was too vague and violated the right to freedom of speech. This judgment was significant because it balanced protecting free expression with the need to address online abuse.

Another notable case is the Ritu Kohli case, where cyberstalking was addressed for the first time.[7] Kohli was harassed by someone who misused her identity online, leading to legal reforms that made cyberstalking a punishable offense.

The State of West Bengal v. Animesh Boxi case involved online blackmail and stalking using intimate photos.[8] The accused was convicted under multiple sections of the IT Act and IPC, showing how existing laws can punish various forms of cyberbullying.

VI. Effects and Consequences of Cyberbullying

Cyberbullying can cause many serious problems for victims. It often lowers a person’s self-esteem and confidence, making them feel worthless or weak. Such harassment can damage one’s social reputation and image, leading to social isolation. It may also negatively impact their economic life by limiting opportunities.

Victims often begin to see themselves negatively, which harms their mental health and overall well-being, sometimes causing anxiety, depression, and even thoughts of self-harm or suicide. These effects show how deeply cyberbullying can affect all aspects of a person’s life, making it important to address and prevent it urgently.

VII. Causes of Cyberbullying

Cyberbullying happens for many reasons, often linked to personal feelings and social influences:

Wanting to Belong: Sometimes, a person starts bullying others online to fit into a group of friends who also bully. They believe this will help them gain acceptance and approval from the group.

Need for Control and Power: Some people have a strong desire to feel powerful and dominant. Cyberbullying allows them to control and intimidate others easily, giving them a sense of authority.

Jealousy and Envy: Many young people bully out of jealousy. During teenage years, insecurities and comparisons with others can lead someone to lash out by targeting peers online.

Online Gaming: The growing online gaming community sometimes becomes a breeding ground for cyberbullying because of verbal abuse during games, which is often encouraged by communication tools like voice chat.

Anonymity: The internet offers people a chance to hide their identity, making it easier for bullies to say and do things they wouldn’t dare to do face-to-face, as they feel safe from consequences.

Lack of Supervision: When children or teenagers are not guided or supervised by parents or adults while using the internet, they may engage in harmful behavior or become victims without anyone noticing.

Low Self-Esteem: Both bullies and victims can suffer from low confidence. Bullies may try to feel better by hurting others, while victims may appear vulnerable and become targets.

These factors combine to create an environment where cyberbullying thrives, making it essential to increase awareness, guidance, and legal protections.

VIII. Conclusion

Cyberbullying represents the dark side of our digital society. People who pretend to be good in real life can become cruel on social media. Cyberbullying is not merely a technological problem; it is a human rights, mental health, and legal issue. Indian law is currently inadequate in terms of tackling the entire scope and depth of cyberbullying.

Every person using any kind of social media platform needs to know their legal rights and legal remedies. When they or any other person faces any issue relating to cyberbullying, they will be able to deal with it confidently. Only through a combination of legal reform, technological solutions, public awareness, and individual responsibility can we hope to create a safer digital environment for all users.

References

[1] Information Technology Act, No. 21 of 2000, INDIA CODE (2000).
[2] Bharatiya Nyaya Sanhita, No. 45 of 2023, INDIA CODE (2023).
[3] Information Technology Act, 2000, available at https://legislative.gov.in/.
[4] Bharatiya Nyaya Sanhita Act, 2023, available at https://lawmin.gov.in/.
[5] National Cyber Crime Reporting Portal, Government of India, https://cybercrime.gov.in/Webform/FAQ.aspx.
[6] Shreya Singhal v. Union of India, (2015) 5 SCC 1 (India).
[7] For details on the Ritu Kohli case, see What You Need to Know About Cyberbullying and Its Legal Remedies, IPLEADERS BLOG, https://blog.ipleaders.in/what-you-need-to-know-about-cyberbullying-and-its-legal-remedies/.
[8] Case details discussed in Cyber Bullying: A Surge, MANUPATRA, https://articles.manupatra.com/article-details/Cyber-Bullying-A-Surge.