Technology is a double-edged sword, where the users are continuously balancing between the risks and opportunities it offers. On one side, the Internet has made the world a much smaller place full of opportunities to thrive for people with minimal resources along with bringing awareness to important socio-political movements and acting as a platform for fundraising for many noble causes; on the other side, it has exposed vulnerable people to a deep dark world of web and bullying while sitting safely in the vicinity of their homes.

Cyberbullying is one such downside of technology and is becoming a growing global problem with serious consequences. Cyberbullying is bullying that takes place using electronic technology. Electronic technology includes devices and equipment such as cell phones, computers and tablets, as well as communication tools including social media sites, text messages, chat and websites. Cyber bullying in India includes sharing of private or personal information about someone which can cause embarrassment to the person. 

Examples of cyberbullying include mean text messages or emails, rumors sent by email or posted on social networking sites, and embarrassing pictures, videos, websites or fake profiles.

Online bullying or the cyber bullying is distinct from the traditional form of bullying in the way that in cyber bullying the victim is not aware of the identity of the bully. Effects of bullying are wide and long lasting as it affects the mental well being of the victim of cyber bullying.

Legal rights against cyber bullying

India is sadly emerging as the global capital of cyberbullying. A survey conducted by Microsoft Corporation in 2012, across 25 countries ranked India third in the number of online bullying cases reported. According to the 2014 study conducted by the Internet security company, McAfee, “Half of the youth in India have had some experience with cyberbullying.”

With such findings, it is clear that dealing with cyberbullying in India is truly a challenge. One of the key barriers to addressing the issue is the lack of an appropriate and comprehensive legal mechanism. Offences of bullying, stalking, terrorism, breach of confidentiality, etc. committed in cyberspace are like similar offences in the real world and are punishable. The Information Technology Act, 2000 (IT Act) was enacted to deal with e-commerce and electronic records, and also to punish e-commerce offences. Offences such as intimidation, insult, annoying, harassment, defamation, etc. in cyber space continued to be punishable only under the IPC till the 2008 amendment to the IT Act.

Section 66A in the amended Information Technology Act deals with these crimes. Sending any message (through a computer or a communication device) that is grossly offensive or has menacing character; any communication which he/she knows to be false, but for the purpose of causing insult, annoyance and criminal intimidation comes under this section. This crime, under the current IT/Cyber/Criminal laws in India is punishable up to three years with a fine.

Section 67 provides that publishing of obscene information in the electronic form, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

Section 72 deals with breach of confidentiality and privacy and provides that if any person who, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Security and privacy awareness in India is very poor. It would be very useful if both, the government and civil society were more aggressive in raising awareness and triggering change in behaviour. The all-pervasive nature of cyberbullying, as well as the amount of time it takes to trace cyberbullies, makes the growth of cyberbullying an alarming trend across the globe.

There is a need for defining separate laws for the purpose of cyber-crime offences since the mode, consequences, gravity and probable targets are different. Cyber bullying is one of the offences which can take an ugly shape in the future and needs to be addressed soon. If appropriate laws are not made, many cyberbullies will be left open and victims will have to suffer the consequences, hence defeating the concept of justice.

 BY ARUSHI SRALECH