Written by: OM PANDEY, LL.B, TECHNO INDIA UNIVERSITY
ABSTRACT:
Cyberbullying has become a serious issue in the digital age, affecting people of all ages, specially children and teenagers. This article critically examines the nature, causes and consequences of cyberbullying in Indian context. In my Article I analyzes the psychological, social and legal implications of cyberbullying, particularly among adolescents and young adults.
Despite of existing laws such as Information Technology Act, 2000, and provisions of Bhartiya Nyaya Sanhita (BNS), enforcement remains a challenge due to jurisdictional limitations and underreporting. The paper highlights gaps in the legal framework, the role of educational institutions, and the need for digital literacy programs to combat cyberbullying effectively.
The analysis underscores the importance of a multi-stakeholder approach involving the government, social media platforms, parents, educators and civil society to create a safer digital environment. The study concludes by recommending stricter enforcement of laws, increased awareness campaigns and proactive measures to curb online harassment, ensuring a balance approach that protects free speech while preventing abuse.
INTRODUCTION
By the definition basically cyberbullying “is when one person or a group of people try to threaten, tease or embarrass someone else by using a mobile phone or the Internet. It is the act of using digital platforms like social media, messaging apps, or emails to harass, threaten, embarrass, or harm someone. It includes actions like sending hurtful messages, spreading rumors online, sharing private information without permission or consent, or posting offensive content to target a person. In today’s digital world, the internet has become an important part of our lives, especially for communication, education, and entertainment. However along with its benefits, the rise the rise of social media and online platforms has also led to a serious problem called cyberbullying. Cyberbullying happens when people use the internet to harm or humiliate others. It affects children, teenagers, and even adults, leading to mental stress, anxiety and in several cases depression.
India has witnessed a growing number of cyberbullying cases due to increased access. While laws exist to tackle this issue, many cases go unreported. Schools, parents, and social media companies must work together to prevent cyberbullying and promote a safer online online environment. Raising awareness and encouraging responsible internet use can help reduce cyberbullying and protect individuals from online harassment.
REASONS FOR CYBER BULLYING
Cyberbullying happens for various reasons, often driven by personal emotions or harmful intensions. Some cyberbullies act out of obsession, jealousy, or revenge, especially in relationships or friendships that have ended badly. they are using online spaces to dominate or humiliate their targets. Others may do it to control, manipulate, or harass their target causing fear and distress. In some cases, cyberbullying is motivated by curiosity or the thrill of invading someone’s privacy. Scammers and criminals may also stalk people online to steal personal information or blackmail them. Additionally, some individuals with mental health issues may engage in cyberbullying without fully understanding the harm they cause. Regardless of the reason, cyberbullying is dangerous and can have serious legal consequences.
TYPES OF CYBER BULLYING
There are different forms of cyberbullying, each harming people in various ways. Harassment happens when someone repeatedly sends mean or threatening messages. Impersonation is when a bully pretends to be someone else online to spread lies or ruin their reputation. Outing means sharing someone’s private information, secrets, or photos without their permission. Cyberstalking involves constant online threats or watching someone’s activities to scare them. Exclusion is when a group purposely leaves someone out of online chats or social media groups to make them feel unwanted. Trolling is when people post hurtful or offensive comments just to upset others. Identity theft is when someone create fake accounts to pretend to be someone else and damage their reputation. These types of cyberbullying can cause emotional distress and harm a person’s confidence and mental health.
ILLUSTRATIVE CASE: CYBER BULLYING
Sophia, a 15-year-old high school student, loved sharing her thoughts and pictures on social media. One day, a few classmates started posting mean comments on her photos, calling her names and making fun of her appearance. At first, she ignored them, but the bullying got worse. The bullies created a fake account using Sophia’s name and photo, posting false and embarrassing things about her. Soon, more students joined in, sharing and commenting hurtful messages.
Feeling humiliated and alone, Sophia started avoiding school and social activities. Her parents noticed the change in her behaviour and reported the cyberbullying to the school and the police. The authorities traced the fake account back to the bullies, and they faced disciplinary action under cyberbullying laws. This case highlights how online harassment can deeply affect a person’s mental well-being and why legal protections against cyberbullying are important.
CYBER BULLYING: AN INTERNATIONAL PERSPECTIVE
Cyberbullying is a global issue, with countries adopting different legal and policy measures to combat online harassment. In the U.S., cyberbullying laws vary by state, while the UK enforces strict regulations under the Online Safety Act. The European Union emphasizes data protection and digital literacy, whereas India and Australia have legal provisions addressing cyber harassment and stalking. Despite these efforts, challenges persist due to the anonymity of online platforms and differences in enforcement across jurisdictions. Tackling cyberbullying requires international cooperation, stronger legal frameworks, and increased awareness to create safer digital spaces worldwide.
Many aggressive incidents are recorded by cell phones and posted on sites such as Youtube. Online communities are formed to ridicule these bullied students, and often, they are essentially stalked by other computer mediated tools. Worse, since there is not a lot of awareness about bullying in many schools, many teachers and parents have no idea their kids are being beaten or stalked and videos posted online.[1]
A study done last year, for example, indicated that only 16 percent of students in Brazil worry about cyberbullying, even though 38 percent reported being a victim or knowing someone who was.
A quick search an Orkut, one of the most popular social networking sites in Brazil, reveals numerous online communities offering support for kids and teens who have suffered cyberbullying.[2]
“The majority of people that was bullied don’t even know that it is bullying,’’ says a teenage girl in an Orkut support community. “And people who know are ashamed of it. Everybody only speaks about it here, because they can post anonymously.
CYBER BULLYING CASE LAWS
Rithika Sharma Case
Facts of the Case
Ritika Sharma (name changed), who studies at a prominent Delhi school, went to the police after being stalked by a Facebook user whom she had befriended on the site a month ago.
She had given her cellphone number to the man who was later found to be using a fake name, photo and phone number.[3][4]
Experts say cyberbullying and cyberstalking are increasingly becoming a daily problem for the city's schoolkids with people using electronic communication like emailing, social networking and texting to harass or pursue them.
Decision
Delhi Police has been launching cyber safety awareness programmers’ in schools in which students are informed to avoid giving personal information online to anyone they don't know.
Ritu Koli Case
Facts of the Case
The fact that cyber stalking does not involve physical contact may create the misperception that it is more benign than physical stalking. This is not necessarily true. As the Internet becomes an ever more integral part of our personal and professional lives, stalkers can take advantage of the ease of communications as well as increased access to personal information.[5] Whereas a potential stalker may be unwilling or unable to confront a victim in person or on the telephone, he or she may have little hesitation sending harassing or threatening electronic communications to a victim. As with physical stalking, online harassment and threats may be a prelude to a more serious behavior, including physical violence.[6]
Decision
The Delhi Police has registered India’s First Case of Cyberstalking in 2001 where a lady named Ritu Kohli complained that a person who was using her identity to chat over the Internet at the website www.mirc.com was also deliberately giving her telephone number to other chatters encouraging them to call Ritu Kohli at odd hours. As a result of which, Mrs. Kohli received an estimate of 40 calls, national as well as international, during odd hours within 3 days. A case was registered under section 509 of the Indian Penal Code (Word, gesture or act intended to insult the modesty of a woman).
REMEDIES OF CYBER BULLYING
Cyberbullying is a growing problem, but legal and practical remedies can help victims seek justice and protect themselves. Here are some effective ways to deal with cyberbullying
1. Legal Remedies:
A. Report to Cyber Cell
Victims can file a complaint at a Cyber Crime Cell in their city.
Many states have dedicated cyber police to handle online harassment cases.
Complaints can also be filed online at the National Cyber Crime Reporting Portal (www.cybercrime.gov.in).
B. File an FIR at a Police Station
Cyberbullying is a criminal offense. If the case is serious, victims can file an FIR at the nearest police station.
If police refuse to register an FIR, the victim can approach a higher authority or court.
C. Laws Against Cyberbullying in India
The following laws help punish cyberbullies:
1. IT Act, 2000 (Information Technology Act):
Section 66A (Struck down in 2015) – Earlier punished offensive online messages.
Section 66C – Punishes identity theft (using someone’s name/photos without permission).
Section 66E – Punishes violation of privacy (sharing private images without consent).
Section 67 – Punishes sharing obscene content online.[7]
2. BHARATIYA NYAYA SANHITA, 2023 (BNS):
Section 78 – Punishes cyberstalking (repeatedly harassing someone online).
Section 351 – Punishes online threats and intimidation.
Section 74 – Punishes insulting or outraging a women’s modesty online.[8]
3. POCSO Act, 2012 (For Children):
1. Protects minors from online sexual harassment and cyberbullying.
2. Reporting Cyberbullying on Social Media
Most platforms allow users to report abusive content:
Facebook & Instagram – Use the "Report" option for bullying or harassment.[9]
Twitter – Report abusive tweets or accounts.
WhatsApp – Block and report messages.
YouTube – Report harmful videos.
Social media companies take action by removing content or banning users who violate guidelines.
2. Civil Remedies (Monetary Compensation):
Victims can also file a civil case and demand compensation for mental distress caused by cyberbullying. Courts may order the offender to pay damages for harm caused.
4. Practical Steps to Protect Yourself
1. Do Not Respond – Avoid engaging with the bully.
2. Save Evidence – Take screenshots of messages, emails, and posts.
3. Block & Report – Block the cyberbully and report them to the platform.
4. Strengthen Privacy Settings – Keep social media profiles private to prevent strangers from accessing personal information.
5. Seek Help – Talk to family, friends, teachers, or counsellors if cyberbullying affects mental health.
CONCLUSION:
Cyberbullying is a growing concern in the digital age, posing serious threats to individuals' mental health, safety, and overall well-being. While legal frameworks exist to address cyberbullying, there are significant challenges in enforcement, jurisdiction, and ensuring justice for victims. This article has explored the various legal remedies available, including cybercrime laws, defamation laws, anti-harassment statutes, and specific cyberbullying legislation in different jurisdictions. However, the effectiveness of these legal mechanisms remains inconsistent due to technological advancements, anonymity on the internet, and cross-border complexities.
One of the key legal remedies against cyberbullying is the application of cybercrime laws, which criminalize acts such as online harassment, threats, and defamation. Many countries have introduced strict penalties for cyberstalking, identity theft, and online abuse. Additionally, defamation laws offer victims a way to seek damages against perpetrators who spread false and harmful information online. However, enforcing these laws can be difficult, especially when the accused is anonymous or located in another country. The decentralized nature of the internet makes it easier for cyberbullies to evade prosecution.
Social media platforms play a crucial role in combating cyberbullying by implementing policies that allow users to report abusive behaviour. Many platforms have mechanisms to remove harmful content and ban users who engage in cyberbullying. However, these measures are often criticized for being reactive rather than proactive. Moreover, tech companies face challenges in balancing free speech with content moderation. While some laws mandate platforms to take down offensive content, enforcement remains inconsistent, and victims may still suffer harm before any action is taken.
One of the most significant challenges in addressing cyberbullying legally is jurisdiction. Since the internet operates globally, cyberbullies can target victims from different countries, making legal proceedings complex. International cooperation is required to track down perpetrators and enforce penalties. However, differences in laws and legal standards across countries create barriers to effective prosecution. Victims often struggle to hold offenders accountable when they reside in jurisdictions with weak cybercrime laws or lack extradition treaties.
Another challenge is proving intent and harm in cyberbullying cases. Unlike physical harassment, cyberbullying often involves words, images, or social exclusion, making it harder to demonstrate direct harm. Courts require substantial evidence to prosecute cyberbullies, but victims may find it difficult to collect such evidence, especially when content is deleted or platforms refuse to cooperate fully. This legal grey area allows many cyberbullies to escape punishment.
In conclusion, while legal remedies for cyberbullying exist, their effectiveness is hindered by jurisdictional issues, anonymity, and enforcement difficulties. To combat cyberbullying more effectively, a combination of stronger legislation, international cooperation, tech industry accountability, and public awareness is needed. Only through collective efforts can society create a safer digital environment where individuals are protected from online harassment and abuse.
References
[1] https://www.acadpubl.eu/hub/2018-119-17/2/146.pdf (Last visited on 11th Feb 2025 at 6:30 pm)
[2] https://english.binus.ac.id/2015/06/22/ what-are-the-causes-of-cyber-bullying (Last visited on 11th Feb 2025 at 7:20 pm)
[3] https://www.indiatoday.in/mail-today/story/delhi-schoolkids-increasingly-coming-under-attacks-by-cyber-bullies-976595-2017-05-12 (Last visited on 13th Feb 2025 at 9:20pm)
[4] https://www.dailymail.co.uk/indiahome/indianews/article-4497550/Delhi-schoolkids-attack-online-bullies.html (Last visited on 13th Feb 2025 at 10:00 pm)
[5] https://www.slideshare.net/praveen1792/cyber-crime-75929829 (Last Visited on 13th Feb 2025 at 10:40 pm)
[6] https://1library.net/article/nature-extent-cyber-stalking-cyber-crime-banking-sector.ye67kweq (Last visited on 13th Feb 2025 at 11:20 pm)
[7] Information Technology, Act 2000
[8] Bharatiya Nyaya Sanhita, 2023
[9] The Protection of Children from Sexual offences Act, 2012
#Cyberbullying #OnlineHarassment #CyberCrime #DigitalSafety #SocialMediaAbuse #CyberLaws #PrivacyRights #Cyberstalking #IdentityTheft #DataProtection #InternetSafety #LegalFramework #ITAct2000 #BNS2023 #POCSOAct #CyberAwareness #DigitalLiteracy #StopCyberbullying #SafeInternet #OnlineEthics #TechPolicy #DigitalJustice #AIRegulation #ProtectChildrenOnline #CyberSecurity #FreeSpeechVsAbuse #CyberCrimePrevention #MentalHealthMatters #SchoolAwareness #OnlineProtection
Kommentare