Published on 21st January 2025
Authored By: Shahana khan
Christ University
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Abstract:
With the rise of digitalization and digital connectivity, cyberbullying has sprung up as a paramount issue. Cyberbullying has proved to hurt an individual’s emotional and mental health across demographics thus posing a significant social, psychological, and legal hurdle. It is a cybercrime dealt with under I.P.C and Information Technology,2000, in India. However, regardless of the legal framework and provisions, Indian laws still lack in implementing normative structure in addressing and mitigating the crimes of cyberbullying. Consequently, this paper intends to critically examine and evaluate the legal provisions and the effects of the current cyberbullying laws in India, and the role of providing sufficient digital literacy to overcome the challenges posed by cyberbullying in India effectively.Â
 Keywords: Cyberbullying, Cybercrime, Digital literacy, IPC, IT act, 2000, Legal remedies.Â
Introduction:
As the internet is fast catching up like wildfire the computer age is fast engulfing India by the door it provides in the fields of connectivity, learning, and innovations. However, there are some challenging issues in involve increasing rates of cybercrime such as cyberbullying. Technology facilitated social violation through a deliberate method of using digital platforms to target or threaten people has arisen as a current danger to the youths thus affecting mental and psychological tests. this is an issue that the nation is still dealing with, the incorporation of digital literacy turns out to be a major tool in the fight against cyberbullying. In the following way, people can equip themselves with the necessary awareness knowledge, and skills to deal properly with security and responsibility in online space. Education is powerful in fortifying the defence and checking the rate of cyberbullying crimes. Education and policy reform along with working with the people themselves through increased awareness are the means through which the vastly growing threat of cyberbullying can be reined in, keeping the young people of India safe online.
The pervasiveness of cyberbullying in Indian society:
The increase in the incidents of cyberbullying in India is a combination of rampant illiteracy of the digital environment among the intended and unintended users, unsatisfactory awareness of protective cyber safety measures among people, and inadequate legal framework for dealing with such incidences. As per the latest report of NCRB in the year 2020, there are more than fifty thousand cybercrimes recorded in India including cyber blackmailing, digital defamation, cyberstalking, etc. The report on cybercrime in India for the year ending 2019 increased by 63.48% concerning NCRB 2018 & 2019[1]. A new McAfee report has revealed that 85 % of Indian children are victims of cyberbullying while it ranked highest out of all the countries. It has been deliberated by Gagan Singh, the chief product officer, McAfee that “cyberbullying in India has reached alarming highs as 1 in 3 kids face cyber racism, sexual harassment, and other threats in their early 10s thus making India number one nation to report cyberbullying worldwide[2]. Consequently, this leaves users clueless about how to protect themselves online or deal with the problem of cyberbullying effectively.
Judicial Framework in India:
At present, there is no separate legislation separately enacted for the crimes specifically covering cyberbullying, but there are many sections available both under IT Act, 2000 and IPC which can be applied to cyberbullying cases. These include:
Section 66A[3] of the Information Technology Act, of 2000 criminalized the act of sending, using a computer resource or a computer network, any information that was obscene, vulgar, or could be deemed to annoy or was in any manner intimidating, has now been struck down by the Supreme Court in 2015 in the Shreya Singhal v Union of India case[4].
Section 66D[5] of the IT Act,2000 deals with cheating by impersonation because a potential bully impersonates somebody to threaten, trick, or otherwise mislead others using computer elements. In this section, the legal redress for the victim of cyberbullying is provided.
Under Section 66E[6] of the IT Act 2000, violation of privacy is punishable but, in case the act is motivated by the desire to humiliate the victim or undermine his/her dignity in one way or the other, then cyberbullying cannot be far off.
This section is stated in Section 67[7] of the IT Act 2000 which states that If the bullying involves sending pathetic images or videos, messages, etc, then this section can be used.
The provision of Section 67A[8] of the IT Act 2000 extends to a situation where bullying involves the sharing or forwarding of sexually explicit material or an image of the victim without consent.
Subsection 72[9] relates to the disclosure of information or personal data in respect of which the person making the disclosure knows that the data relates to another person, Section 72 is frequently employed in doxing cases [when personal data is published to harm the subject.
IPC section 354D [10]relates to cyberstalking as defined as one who repeatedly follows another person or communicates to another person knowing well that the person shall be willing to cause further harm to the victim.
Section 499[11] of the IPC also applies to cyber defamation, which means publishing any information by words either spoken or written, or by signs or by visible representations, knowing or having reason to believe that such information is false and(defamatory)with an intent to harm, or with the knowledge that he is likely to harm the reputation of any person to whom such information refers or with the intent to cause cram or injury to such person, is guilty and section 500[12] of IPC provides for the punishment of defamation.
Section 507[13] of the IPC involves criminal intimidation using anonymous communication along with threats.
Digital Literacy as A Means to Curb Cyberbullying:
Digital literacy is an important asset for those who need knowledge and skills combined with awareness to navigate, make sense and safely use the digital environment. It would teach the members manners of responsible use of the internet and the ability to distinguish cyberbullying in its many forms including bullying via the use of the internet such as cyberbullying, hounding, stalking, and impersonation, and how to handle cyberbullying.
Obstacles in advocating digital literacy in India:
- Lack of infrastructure:
Because of this, multiple areas and most especially rural areas do not have access to these electronic devices and efficient internet connection despite having limited exposure to digital education, many people also cannot afford the expensive costs of these electronic means, hence they remain exposed to the online threats bearing in mind that they have limited access to digital education.
- Societal hurdles:
Indian, particularly patriarchal, structure further handicaps women from going fully online. Digital literacy must focus and aimed irrespective of gender to allow everyone to protect themselves from cyberbullying and many other evils of the cyber world. Besides, it is also evidenced that due to the social pressure or fear of losing dignity, several females feel reluctant or withdraw their complaint against such an online threat angle as they do not want to lose their dignity.
- Lack of awareness:
Lack of adequate knowledge of digital literacy, and do not possess electronic skills, also more often than not, they lack adequate knowledge of their legal rights concerning online threats and harassment. In addition, owing to the generation gap many people fail to accept the requirement for having proper handling of digital skills.
- Gap in educational integration:
Unlike other countries, there is no regimen of compulsory Digital Literacy in educational curricula that hinders the development of skills to combat such threats Being a part of technology and learning the personnel including teachers are inadequate with the best knowledge and capability to address the importance of Digital Literacy in combating online threats and cyberbullying and its effects.
- Lack of policy formulations:
- The problem is, that there are no coherent policy initiatives and regulations in regard to digital literacy about cyberbullying; The lack of low-profile strategies renders it difficult to cultivate unify approach to the fight against cyberbullying.
 A pragmatic approach to fortifying resilience:
Hence, to eradicate cyberbullying, there is a need for an integrated and evidence-based strategy focusing on education, legal change, technology, and community.
- Integrating Digital Literacy in the Curriculum:
Digital literacy must be included and introduced right from the basic level of learning because, in the ever-growing technological world, incidents of cyberbullying and other forms of dangers inherent in the use of the internet are apparent, the need for students to know how to handle these dangers, to know the implication of the dangers, communication etiquette that should be encouraged and those that are undesirable should also be taught at these early learning levels.
- Strengthening Legal and Regulatory Frameworks:
Although few laws and regulations exist in India which deal with cyberbullying, the law should be reinforced. India needs to establish a special law to specifically ban cyberbullying making it very clear what the perpetrators will face in terms of penalties; the rights of the victims in such cases; and finally the procedures for reporting the cases and investigating them further Moreover there should be laws that make these social media platforms to provide an easy and efficient reporting system.
- Leveraging Technology for Protection:
Today, technology has the potential to be the main solution concerning cyberbullying issues. Offending language, hate speech, and bullying are some of the worst things seen on social media; this makes it wise for them to incorporate AI technology to filter out the terrible information.
Developments of applications and tools, through which parents can track their children’s activity in social networks may reduce cases of cyberbullying in young users and enable users to report incidents of cyberbullying in the shortest time possible.
Conclusion:
Bullying through technology is increasingly becoming a problem in the new face of India’s social connect known as cyberspace. However, building up resilience through digital literacy does help India in preparing its citizens to safely and responsibly exist in the territories that are provided by digital environments. The education of the community, particularly the students, the adaptation of laws and policies to prohibit cyberbullying, the practical use of technology, and encouraging technological inventions for its prevention form part of the comprehensive solution. To achieve this aim of building a better and safer environment for users, India is capable of training the required number of professionals who can turn the advantages of connectivity and innovation into reality by preventing the negative impacts of online harm.
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References
[1] National Center for Biotechnology Information ‘Silent Screams: A Narrative Review of Cyberbullying Among Indian Adolescents’ {PubMed Central,2024} < accessed on 9th December, 2024
[2] Priyanka Sangani ‘85% of Indian children have been cyberbullied, highest globally: McAfee’{The Economics Times,2022}https://m.economictimes.com/tech/technology/85-of-indian-children-have-been-cyberbullied-highest-globally-mcafee/articleshow/93438743.cms < accessed on 9th December , 2024
[3] Information Technology Act 2000, s 66A
[4] Shreya Singhal v Union of India,5 SCC 1, AIR {2015} SC 1523
[5] Information Technology Act 2000, s 66D
[6] Information Technology Act 2000, s 66E
[7] Information Technology Act, 2000 s 67
[8] Information Technology Act, 2000 s 67A
[9] Information Technology Act, 2000 s 72
[10] Indian Penal Code 1860, s 354D
[11] Indian Penal Code 1860, s 499
[12] Indian Penal Code 1860, s 500
[13] Indian Penal Code 1860, s 507