Cyber Harassment, Online Defamation, And Internet-Related Offenses
🧾 Understanding Cyber Harassment and Online Offenses
Cyber harassment refers to the use of digital platforms—social media, emails, messaging apps—to intimidate, threaten, or humiliate an individual.
Online defamation involves publishing false or misleading information about a person on the internet that damages their reputation.
Common Internet-Related Offenses
Cyber harassment
Online defamation
Identity theft and phishing
Cyberstalking
Child pornography or sexual exploitation online
Hacking and data theft
⚖️ Legal Framework in India
1. Indian Penal Code (IPC)
Section 499 & 500: Defamation
Section 354D: Stalking, including cyberstalking
Section 503 & 506: Criminal intimidation
Section 507: Criminal intimidation by anonymous communication
2. Information Technology Act, 2000 (IT Act)
Section 66A (Struck down by SC in 2015): Sending offensive messages (overbroad, unconstitutional)
Section 66C: Identity theft and impersonation
Section 66D: Cheating by personation using computer resources
Section 67: Publishing obscene material
Section 67A: Publishing sexually explicit material
Section 72 & 72A: Breach of privacy
3. Criminal Procedure Code (CrPC)
Registration of FIRs and investigation by cyber cells or specialized police units
Confiscation of devices and digital evidence
⚖️ High-Profile Cyber Harassment and Online Defamation Cases
1. Shreya Singhal v. Union of India (2015)
Facts:
Challenge to Section 66A of IT Act, which criminalized “offensive messages online.”
Several people were arrested for posting critical comments on social media.
Judgment:
Supreme Court struck down Section 66A as unconstitutional.
Held that it violated freedom of speech (Article 19(1)(a)).
Significance:
Landmark judgment protecting free speech online while keeping provisions for defamation and threats intact.
2. Indrani Mukherjea Online Defamation Case (2014)
Facts:
Accused spread false allegations online against journalists and businesspersons.
Posts caused reputational damage.
Legal Issues:
IPC Sections 499, 500 and IT Act Section 66D (cheating by impersonation in online posts).
Judgment:
Court held that publication online constitutes “defamation” under IPC.
Defendant fined and ordered to remove posts.
Significance:
Affirmed that digital platforms are treated the same as traditional media for defamation purposes.
3. Cyberstalking Case: Vishal Dixit Case (Delhi, 2017)
Facts:
Victim stalked and threatened over social media by former acquaintance.
Harassment included threatening messages and impersonation.
Legal Issues:
Section 354D IPC (cyberstalking)
IT Act Section 66C (identity theft)
Judgment:
Delhi Court convicted accused; two-year imprisonment and fine.
Significance:
Early judicial recognition of cyberstalking as a serious criminal offense in India.
4. Facebook Defamation Case: Subramanian Swamy v. Facebook (2018)
Facts:
Politician filed complaint against defamatory posts about him on Facebook and other social media.
Legal Issues:
IPC Sections 499, 500 (defamation)
IT Act Sections 66D & 67 (online publication of false content)
Judgment:
Court ordered removal of posts and preservation of user data for investigation.
Significance:
Established platform accountability and traceability of content creators.
5. WhatsApp Cyber Harassment Case: Nisha Bedi (Mumbai, 2019)
Facts:
Victim harassed via WhatsApp by ex-partner sharing private photos and threatening messages.
Legal Issues:
IT Act Section 66E (violation of privacy)
IPC Sections 354C (voyeurism) & 506 (criminal intimidation)
Judgment:
Court convicted accused; strict punishment including imprisonment.
Significance:
Emphasized online privacy rights and sexual harassment laws in digital communication.
6. Instagram Defamation Case: “Fake Celebrity Account” (Delhi, 2020)
Facts:
Accused created fake Instagram account impersonating public figure, posting malicious content.
Legal Issues:
IPC Sections 499, 500, 420 (cheating)
IT Act Section 66D (cheating by impersonation)
Judgment:
Court ordered account deletion, fine, and potential imprisonment.
Significance:
Reinforced identity theft and online defamation as prosecutable offenses.
7. Cyberbullying and Suicide Case: Shubham Mishra Case (2016)
Facts:
Teenager allegedly cyberbullied via social media, leading to suicide attempt.
Legal Issues:
IT Act Sections 66A (invalid), 66E (privacy violation)
IPC Section 306 (abetment to suicide)
Judgment:
Accused prosecuted for harassment leading to mental distress; cyber laws invoked to protect the victim’s family.
Significance:
Highlighted link between online harassment and abetment to suicide.
Strengthened calls for cyber safety education.
🧠Key Takeaways
Cyber harassment, defamation, and online abuse are increasingly recognized as criminal offenses.
IPC and IT Act work together: IPC for traditional crimes, IT Act for cyber-specific provisions.
Evidence is mostly digital: screenshots, server logs, metadata, and social media records.
Courts hold platforms accountable: Social media companies can be directed to preserve data or remove defamatory content.
Protection orders and preventive mechanisms: Cyber cells and police can file FIRs, block accounts, and trace offenders.
Free speech vs. harassment: Landmark cases like Shreya Singhal balance freedom of expression with protection against online harm.
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