CYBER BULLYING AND ITS LEGAL REMEDIES

Abstract 

This section provides a concise summary of the paper, highlighting the main points discussed, such as the definition and impact of cyber bullying, its legal implications, and available legal remedies.

Keywords

Cyber bullying, Legal Remedies, Law, Technology, Victims, Harassment, Cybersecurity, Online Abuse, Legislation

Introduction

Cyber bullying was coined by Bill Belsey, who was a Canadian Educator. Cyber bullying is a kind of cyber crime in which technology is used to bully or harass someone. In this technology such as social media is used to harass, intimidate or humiliate someone. It is a kind of crime which create emotional distress and psychological damage among people.

Cyber bullying involves saying negative and hurtful things to the people, spreading rumors or sharing private videos and photos without consent. It harshly affect the people, lower their self esteem and even lead to suicide.

Cyber bullying is very common in teens. Teenagers got easily bullied by someone due to lack of knowledge. If teenagers are bullied by someone they must talk to their adults for resolution. There are many cases noted in the country related to cyber bullying.

Understanding Cyber bullying

Cyber bullying is a growing concern in today’s digital world and takes many harmful forms. These include sending abusive or threatening messages, spreading lies or false rumors, sharing private or embarrassing content without permission, impersonating others online to damage their reputation, or deliberately excluding someone from an online group. This behavior can happen on various platforms like Facebook, Instagram, WhatsApp, Twitter, and online gaming communities. Young people, especially teens, are particularly vulnerable and may suffer from anxiety, depression, low confidence, and in severe cases, may even contemplate self-harm or suicide. What makes cyber bullying especially damaging is the permanence and wide reach of content shared online, making it hard for victims to escape or recover.

What sets cyber bullying apart from traditional bullying is the cloak of anonymity the internet often provides. Offenders can hide behind fake identities, making it difficult to track them down. Moreover, digital trails can be fragmented, altered, or hidden, complicating the collection of evidence. This evolving and complex issue highlights the urgent need for strong, effective legal measures that both deter such behavior and support the victims.

Cyber bullying in India: The Current Landscape

India’s rapid digital expansion has brought the internet to millions, especially the youth. However, with this growth comes a disturbing rise in cyber bullying cases. Surveys and studies show that a large number of Indian teenagers have experienced online harassment in some form. Unfortunately, there is a general lack of awareness about cyber laws among both the victims and law enforcement agencies. Parents and educators are often unequipped to recognize or address signs of cyber bullying, which allows the problem to persist unchecked.

Although cyber bullying isn’t clearly defined under Indian law, several existing legal provisions can be used to tackle it. Laws like the Indian Penal Code (IPC), the Information Technology Act, 2000 (IT Act), and judicial guidelines offer some protection. However, the lack of a dedicated and clear legal framework makes enforcement uneven and sometimes ineffective.

Legal Remedies Against Cyber bullying in India

While India doesn’t yet have a single, comprehensive law that deals specifically with cyber bullying, several laws are in place that victims can turn to for help:

1. The Information Technology Act, 2000 (Amended 2008):

This act is the backbone of India’s cyber laws. Though the term “cyber bullying” isn’t explicitly mentioned, various sections can be applied:

• Section 66A: Originally targeted offensive online messages but was struck down by the Supreme Court in Shreya Singhal v. Union of India (2015) for being overly broad and suppressing free speech.
• Section 66C: Covers cases involving identity theft using electronic means.
• Section 66D: Addresses impersonation or fraud carried out through online platforms.
• Sections 67 and 67A: Punish the publication or transmission of obscene or sexually explicit material online.

2. Indian Penal Code, 1860

Several sections of the IPC are applicable to online abuse:

• Section 354D: Deals with stalking, including digital stalking, especially against women.
• Sections 499 and 500: Concern defamation, including reputational harm caused through online content.
• Section 507: Addresses criminal intimidation involving anonymous communication.
• Section 509: Applies to acts intended to insult a woman’s modesty, including through online gestures or comments.

3. POCSO Act, 2012:

When children are targeted, especially with sexual content or grooming, the Protection of Children from Sexual Offences (POCSO) Act becomes applicable. It ensures child-friendly procedures for reporting and prosecution.

4. Juvenile Justice Act, 2015:

If the offender is a minor, this law guides the legal process, balancing both punishment and rehabilitation depending on the situation.

Judicial Viewpoint and Key Cases

Although Indian courts haven’t yet ruled extensively on cyber bullying as a distinct crime, they’ve made key observations in cases related to online harassment and freedom of expression.

In the landmark case Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section 66A of the IT Act, stating that it was too vague and had the potential to curb free speech. However, the court acknowledged the need for clear laws that protect individuals from harm without infringing on constitutional rights.

In Kumud Sharma v. State (NCT of Delhi), the Delhi High Court emphasized the importance of swift police action in cyberstalking and online harassment cases, especially those involving women. Similarly, in the Prajwala case (2015), the Supreme Court took suo moto action over the circulation of sexual violence videos online, calling for stronger steps from government agencies.

These cases show that while courts are aware of the threats posed by online abuse, the lack of specific legal recognition for cyber bullying forces them to rely on a mix of different laws, which may not always be effective in delivering justice.

Barriers to Effective Enforcement

Despite having some legal tools to combat cyber bullying, India faces several practical challenges

1. No Specific Law: The biggest gap is the absence of a dedicated cyber bullying law. As a result, law enforcement often struggles to fit complaints into existing legal categories, leading to inconsistent action.
2. Offender Anonymity: It’s often difficult to trace perpetrators who use fake profiles, encrypted platforms, or international servers, which delays or derails investigations.
3. Lack of Awareness: Many victims, especially young people, don’t report cyber bullying out of fear, shame, or ignorance about their rights and available remedies.
4. Delayed Justice: Court procedures and police investigations can take a long time, which discourages victims from pursuing legal action.
5. Undertrained Authorities: Many police officers and officials still lack the necessary training in handling cybercrime cases or working with digital evidence.

Global Perspectives on Cyber bullying Laws

Different countries have taken various approaches to tackle cyber bullying, offering valuable lessons for India:

• United States: While there is no federal law specifically targeting cyber bullying, many U.S. states have introduced their own laws. Additionally, schools are required to have anti-bullying policies under laws like the Children’s Internet Protection Act (CIPA). The government also supports platforms like StopBullying.gov to spread awareness and guide victims.
• United Kingdom: The UK uses a combination of laws such as the Protection from Harassment Act, Malicious Communications Act, and Communications Act to address cyber bullying. These laws apply in schools, workplaces, and social media environments.
• Australia: The Enhancing Online Safety Act 2015 established the office of the eSafety Commissioner, who has the power to remove offensive content from the internet and protect children from online abuse.

India could greatly benefit by studying and adapting such targeted and multi-layered legal models.

Recommendations for Reform

To effectively tackle the menace of cyber bullying, India must act on several fronts:

1. Introduce a Specific Law: A new, comprehensive law is needed that clearly defines and criminalizes cyber bullying, covering behaviors such as harassment, impersonation, doxing, non-consensual sharing of content, and cyber stalking.
2. Spread Awareness: Governments, NGOs, schools, and tech platforms should run widespread awareness campaigns on online safety, reporting mechanisms, and legal rights.
3. Incorporate Digital Safety in Schools: Curriculum must include cyber hygiene and digital ethics, empowering students to navigate the internet safely and responsibly.
4. Establish Specialized Cybercrime Cells: Every district should have a trained cybercrime unit equipped with digital forensic tools to handle complaints quickly and efficiently.
5. Support Victims: Helplines, online complaint portals, psychological counseling, and legal assistance must be made easily accessible to victims and their families.
6. Regulate Online Platforms: Social media platforms must be held accountable for hosting harmful content. The IT Rules, 2021 introduced some positive changes, but better enforcement and oversight are needed.

Conclusion

Cyber bullying is a deeply harmful and widespread form of digital abuse that demands serious attention. As online platforms become a central part of everyday life, especially for young people, the risks associated with digital interactions continue to grow. Unlike traditional bullying, the damage caused online is often permanent, far-reaching, and can be replayed endlessly.

While India does have laws that can be used against cyber bullying, their fragmented nature limits their effectiveness. The time has come for lawmakers to take a unified and dedicated approach. A specific cyber bullying law, along with stronger enforcement, better education, and accessible support systems, will go a long way in making the digital space safer and more inclusive.

Addressing cyber bullying is not just a legal responsibility — it’s a societal one. Only by working together — through education, regulation, technology, and empathy — can we ensure that the internet becomes a place of empowerment, not exploitation