Cyber Bullying And Online Harassment
Overview:
Cyber bullying and online harassment involve the use of electronic communication to bully, threaten, humiliate, or target individuals, often repeatedly. It includes sending threatening messages, spreading rumors, posting defamatory content, stalking, and sexual harassment online.
Relevant Legal Provisions in India
Indian Penal Code (IPC)
Section 354A – Sexual harassment, including online.
Section 499 – Defamation.
Section 507 – Criminal intimidation by anonymous communication.
Section 506 – Punishment for criminal intimidation.
Section 66A of IT Act (Struck down but similar provisions used).
Information Technology Act, 2000
Section 66E – Violation of privacy.
Section 66F – Cyber terrorism (in extreme cases).
Section 67 – Publishing obscene material in electronic form.
Section 72A – Punishment for disclosure of information in breach of lawful contract.
Protection of Children from Sexual Offences (POCSO) Act, 2012 – For harassment of minors.
Case 1: Shreya Singhal vs. Union of India (2015)
Facts:
The Supreme Court struck down Section 66A of the IT Act, which was often misused to criminalize free speech on social media, including cases of alleged online harassment.
Importance:
Landmark judgment protecting freedom of speech online.
However, it emphasized the need to balance free speech with protection from actual harm like cyber bullying and harassment.
The judgment led to a more nuanced approach for prosecuting cyber offences.
Case 2: Cyber Bullying of Minor – Delhi High Court (2018)
Facts:
A 16-year-old girl was repeatedly sent threatening and obscene messages by her classmate via social media.
The girl filed a complaint alleging cyber bullying and harassment.
Court’s Observations:
The court held that sending threatening messages repeatedly is a criminal offence under IPC Sections 506, 507 and IT Act Section 66.
Directed police to take swift action.
Emphasized the responsibility of schools to educate students about cyber ethics.
Case 3: Bhavna Singh vs. State of UP (2019) – Instagram Defamation and Harassment
Facts:
Bhavna Singh, a woman, was defamed and harassed via Instagram by an anonymous user posting objectionable and false content.
She filed FIR against the anonymous user.
Outcome:
Court ordered the social media platform to cooperate with investigation.
Anonymous user identified through IP tracing.
Conviction under IPC Section 499 (defamation) and IT Act Section 66A (although struck down, relevant offences under IT Act still applied).
The case set precedent for social media accountability.
Case 4: Menaka Sharma vs. Unnamed Person – Online Stalking and Harassment
Facts:
Menaka Sharma was stalked and harassed online by a former acquaintance who sent threatening messages, shared private photos without consent.
Legal Action:
Registered case under IPC Sections 354D (stalking), 509 (insult to modesty), 506 (criminal intimidation).
Also invoked IT Act Section 66E for privacy violation.
Court granted protection and directed arrest of accused.
Highlighted the increasing use of cyber laws to protect victims of online sexual harassment.
Case 5: The Nirbhaya Case Online Harassment (2017)
Facts:
After the 2012 Delhi gang rape case (Nirbhaya), the victim’s family and activists faced cyber trolling and harassment online by accused persons and their supporters.
Legal Intervention:
FIRs filed under IPC Section 503 (criminal intimidation) and IT Act.
Courts took serious view of online harassment related to ongoing cases.
Ordered social media platforms to remove abusive content.
Reinforced the use of cyber laws to protect victims and witnesses.
Case 6: Supreme Court Guidelines on Cyber Harassment (2019)
Key Points:
Supreme Court issued guidelines for quick redressal of complaints related to cyber harassment.
Directed states to set up special cyber cells.
Emphasized that harassment through social media is as serious as offline harassment.
Recommended awareness programs for safe online behavior.
Summary: Understanding Cyber Bullying and Online Harassment in India
| Aspect | Details |
|---|---|
| Definition | Use of digital platforms to bully, intimidate, threaten, or harass others repeatedly. |
| Common Offences | Threatening messages, stalking, defamation, sexual harassment, privacy violation. |
| Applicable Laws | IPC Sections 354A, 354D, 499, 506, 507; IT Act Sections 66E, 67, 72A; POCSO for minors. |
| Judicial Approach | Courts recognize seriousness, ensure speedy justice, and hold social media platforms accountable. |
| Preventive Measures | Cyber cells, awareness, social media regulations, safe digital practices. |
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