Author: Abhinav Jindal, II year of B.B.A.,LL.B from Symbiosis Law School, Nagpur.
Introduction to Cyberbullying
When there is an imbalance of power and the conduct is grounds for resistance, bullying implies the desire to cause harm or force an action. Bullying can take both physical and mental forms. Cyberbullying is bullying that occurs on digital devices, such as computers, smartphones, and other gadgets. Bullying can occur over text messages, online at social media sites like Facebook and Instagram, or even over SMS. Posting, transmitting, and exchanging damaging, inaccurate, or derogatory content about someone else constitutes cyberbullying. It might contain details that could be private or intimate to another individual, which could humiliate them or put them in danger. Sometimes cyberbullying cross the extend into unlawful and criminal wrong. Examples of cyberbullying are: -
Embarrassing content posting against someone
Hacking others account
Cyberbullying laws in India
Already we have read what is cyberbullying. In Indian with the popularity of the World wide web in the youngsters, it is mostly the teens who are the culprits and victims of cyberbullying. In India, there are no explicit laws that address common cyberbullying, while some laws, like Section 67 of the Information Technology Act, deal somewhat with it. According to Section 67 of the Act I, posting or sending pornographic content electronically is punishable by a term of up to five years in jail and a fine of up to ten lakh rupees. The sections of India's cyberbullying laws, in addition to section 67: -
Section 507 IPC – According to this clause, anyone who experiences criminal coercion as a result of an anonymous communication may be sentenced to up to two years in jail.
Section 66 E of IT Act – The clause specifies penalties for privacy violations. According to the clause, whomever knowingly violates another person's privacy by taking private photographs of them faces up to three years in prison and a fine of up to three lakhs.
How to Stop Cyberbullying from growing?
With the instances of cyberbullying on a daily basis at a growing rate it needs to be stopped as earlier as possible. To stop cyberbullying one should take certain steps while dealing with online bully and should also safeguard from bullies.
Stop responding – To stop conversation and to protect yourself from cyberbullying should consult with law enforcement agencies.
Keep the evidence save – In the case of cyberbullying one should keep the evidences like comments, posts, etc., on the basis of which he/she has been harassed so that a person could contact the authorities against cyberbullying.
Protect your account – To stop cyberbullying one should share his password to another person even the closest friend. Also, should keep phones password protected, do not let anyone snoop through it.
Case laws related to cyberbullying in India
State of West Bengal vs Animesh Boxi , for example: Animesh Boxi was found guilty in the matter of publishing his ex-photos girlfriend's and private films online (pornography websites). Animesh was accused of violating numerous provisions of the Information Technology Act of 2000 and the Indian Criminal Code, which carries a maximum penalty of five years in prison and a fine of Rs. 9000. Also, it was India's first verdict in a case involving revenge porn.
Shreya Singhal & Ors. vs Union of India and Others The Information Technology Act, 2000's provision 66A was invalidated in this case by the Supreme Court. One used to be fined in the Section for using the Internet to convey offensive or threatening communications, etc. Section 66A was said to be unconstitutionally ambiguous and to go outside the purview of Article 19(2) of the Indian constitution's legal restrictions.
Collection and Interpretation of data
Data on cyberbullying that aid in identifying bullying among schoolchildren are prevalent. Let's learn some facts concerning online bullying.
According to a 2012 Microsoft survey of 25 nations, India comes in third on the list of countries with the most reported incidences of cyberbullying.
• 1 in 4 children have experienced bullying more than once, and 43% of youngsters overall have suffered because of cyberbullying.
• Facebook's activities, or 70% of cyberbullying incidents, were attributable to them.
• As opposed to boys, girls are more frequently chosen as the victims of bullying and are the major targets of bullies.
In conclusion, cyberbullying disrupts school life, has great emotional damage and may have fatal consequence too. Which proves that cyberbullying has very damaging effect to individual. Although technology has given kids and teenagers new options, it is crucial for everyone to learn how to utilize it effectively. To make sure the method is applied appropriately, policies should be established. Also, school administration should put in place measures to recognize, stop, and respond to cybercrimes in schools and universities. Also, parents should be in charge of their children and be aware of what they are doing online.