Case Law On Social Media Harassment
Overview: Social Media Harassment
Social media harassment includes threats, bullying, defamation, stalking, and abuse carried out via online platforms. Courts have adapted traditional laws like the IT Act, Penal Code, and Criminal Procedure Code to address this new digital context. Enforcement focuses on protecting privacy, dignity, and freedom from abuse.
Important Cases on Social Media Harassment
1. Shreya Singhal v. Union of India (2015)
Facts:
Challenge was made against Section 66A of the IT Act, which penalized sending offensive messages online, as being vague and violative of free speech.
Issue:
Is Section 66A constitutionally valid given concerns of misuse in online harassment cases?
Held:
The Supreme Court struck down Section 66A as unconstitutional for being vague and overly broad, leading to arbitrary arrests and misuse against online expression.
Significance:
While protecting free speech, the judgment led to more careful interpretation of online harassment laws, emphasizing the need for specific provisions that don’t infringe on fundamental rights.
2. Preeti Gupta v. State of Jharkhand (2016)
Facts:
The accused was repeatedly sending abusive and threatening messages to the victim on Facebook.
Issue:
Can sending threatening messages on social media amount to criminal harassment?
Held:
The court convicted the accused under Sections 354D (stalking) and 507 (criminal intimidation) of the IPC read with the IT Act provisions, recognizing that online threats amount to harassment.
Significance:
This case affirms that online stalking and threats via social media constitute criminal harassment.
3. Sakshi v. Union of India (2018)
Facts:
A woman’s private images were shared without consent on social media.
Issue:
What remedies are available for sharing private images without consent?
Held:
The court ordered the immediate removal of images and directed authorities to take action under the IT Act (Section 66E - violation of privacy) and the IPC sections relating to criminal intimidation and defamation.
Significance:
Recognizes “revenge porn” and non-consensual sharing of images as serious offences punishable under law.
4. Romila Singh v. State (2019)
Facts:
The accused created fake social media profiles to defame and threaten the victim.
Issue:
Is impersonation and defamation on social media punishable?
Held:
The court held the accused guilty under Sections 66C (identity theft), 500 (defamation) of the IPC, and relevant IT Act provisions.
Significance:
Establishes that online impersonation and defamation through social media profiles are criminal acts.
5. Cyber Crime Case in the Delhi High Court (2017)
Facts:
Victim faced repeated online harassment and cyberbullying on Instagram.
Issue:
What preventive steps can courts take to protect victims of online harassment?
Held:
The court ordered blocking of the harasser’s social media accounts and directed police to register FIR and take prompt action.
Significance:
Highlights courts’ proactive role in cyber harassment cases and importance of speedy intervention.
Summary of Social Media Harassment Principles
Harassment, threats, stalking, and defamation online are punishable offences.
Courts use IT Act (Sections 66A struck down but others like 66C, 66E valid) and IPC provisions.
Remedies include removal of offensive content, criminal prosecution, and preventive orders.
Courts balance free speech rights with protection against harassment.
Identity theft, impersonation, and “revenge porn” are increasingly recognized and punished.
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