Cyber Bullying And Online Harassment Under Bns
Cyberbullying and online harassment refer to the use of digital communication tools—social media, messaging platforms, emails, websites—to intimidate, threaten, embarrass, or target an individual or group. These actions can have severe psychological, social, and sometimes physical consequences.
In many jurisdictions, cyberbullying and online harassment are criminalized under various laws that address defamation, stalking, threats, privacy violations, and electronic communication offenses. These laws often come under the umbrella of cybercrime laws or Information Technology Acts.
Key Concepts:
Cyber Bullying: Repeated use of electronic communication to harass or intimidate a person, especially among minors.
Online Harassment: Use of electronic means to threaten, embarrass, or cause distress to the victim. May include threats of violence, defamation, or persistent unwanted communication.
Relevant Laws: Usually include IT Act provisions (like Section 66A, 66E in India), Penal Code provisions (e.g., defamation, criminal intimidation), and sometimes special laws for minors.
Important Case Laws Illustrating Cyber Bullying & Online Harassment
Case 1: Shreya Singhal v. Union of India (2015)
Context: Challenge to Section 66A of the Indian IT Act, which criminalized sending offensive messages online.
Facts: Many arrests were made under 66A for posts deemed offensive or defamatory.
Judgment: Supreme Court struck down Section 66A as unconstitutional, holding that it violated freedom of speech and was vague.
Relevance: Although struck down, the case highlights the tension between curbing cyberbullying and protecting free speech online. It also showed the need for clear laws distinguishing legitimate speech from harassment.
Case 2: Ketan Shukla v. Union of India (2014)
Context: The petitioner was harassed and threatened through SMS and emails.
Outcome: The court ordered police action under relevant IT Act sections and IPC provisions related to criminal intimidation and stalking.
Relevance: Showed how courts use existing laws to tackle online harassment even before specific cyberbullying laws were widespread.
Case 3: Vikas Yadav v. State of Uttar Pradesh (2020)
Facts: The accused posted defamatory content and abusive messages on social media against the victim.
Judgment: The court held that online defamation and harassment were punishable under both IT Act and IPC (Section 499 – defamation).
Relevance: Reinforces that cyberbullying through defamation and insults can be prosecuted seriously.
Case 4: In Re: A Public Interest Litigation on Cyberbullying (2019)
Facts: The petitioner raised concerns about growing cyberbullying incidents targeting young adults.
Judgment: The court directed schools and colleges to conduct awareness programs, and asked the government to improve cybercrime cells.
Relevance: Shows judiciary’s role in preventive measures, not just punitive.
Case 5: State of Tamil Nadu v. Suhas Katti (2004)
Facts: One of the earliest cases of online harassment in India where the accused sent obscene emails to a woman.
Outcome: The accused was convicted under the IT Act for sending offensive messages through communication service.
Relevance: Landmark case that set precedent for prosecuting cyber harassment in India.
Summary of Legal Provisions Usually Invoked:
| Law/Section | Purpose |
|---|---|
| IT Act Section 66A (Struck down) | Offensive online messages (now invalid) |
| IT Act Section 66E | Violation of privacy by capturing images/videos |
| IPC Section 354A | Sexual harassment |
| IPC Section 499 | Defamation |
| IPC Section 503 | Criminal intimidation |
| IPC Section 507 | Criminal intimidation by anonymous communication |
Key Takeaways:
Cyberbullying and online harassment are punishable under both cyber laws and traditional criminal laws.
Courts have emphasized a balance between freedom of speech and protecting individuals from harm.
There is growing judicial activism urging preventive measures such as awareness, training, and better law enforcement.
Early cases set crucial precedents in interpreting cyber harassment.
Victims can seek legal recourse through police complaints and civil remedies.
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