Kerala HC Calls For Law Against Cyberbullying As Even BNS Does Not Address It

Kerala High Court on Cyberbullying

Background

Cyberbullying, online harassment, and the misuse of social media have become major concerns in today’s digital world. Despite existing laws like the Information Technology Act, 2000, and sections of the Indian Penal Code (IPC) dealing with defamation, stalking, or obscenity, there is no comprehensive legal framework specifically addressing cyberbullying.

The Kerala High Court highlighted this gap while dealing with cases of online harassment, noting that even the recently enacted Bharatiya Nyaya Sanhita (BNS) 2023 does not contain explicit provisions to address cyberbullying or general online harassment.

The Case: Fakrudeen K.V. v. State of Kerala

Facts:
The accused, Fakrudeen K.V., uploaded a video on his YouTube channel portraying a woman (the complainant) in a defamatory and misleading manner. The video edited and misrepresented her personal life, exposing her to public humiliation.

Charges:
The complainant filed charges under:

Indian Penal Code: Sections related to defamation and harassment

Information Technology Act, 2000: Sections relating to online defamation and misuse of digital platforms

Issue:
The main issue was that while the accused's actions were harmful and humiliating, there were no specific legal provisions to classify such online harassment as cyberbullying, making it difficult to deliver precise legal remedies.

Court Observations

Justice C.S. Sudha of the Kerala High Court emphasized:

Existing Laws Are Insufficient:

The IPC provisions (like defamation, stalking, or obscenity) cover limited scenarios.

The IT Act addresses cybercrime but does not explicitly cover all forms of online harassment or bullying.

Need for Specific Legislation:

The court noted that the absence of a clear legal framework leaves victims vulnerable.

The court strongly suggested that lawmakers create dedicated cyberbullying laws to prevent and punish online harassment effectively.

Even BNS Falls Short:

The newly enacted Bharatiya Nyaya Sanhita (BNS) 2023 does not include specific sections on cyberbullying.

This means actions like online humiliation, targeted trolling, or spreading false content could remain partially unpunished.

Legal Implications

For Victims:
Without a specific law, victims of cyberbullying often rely on general defamation or IT Act provisions, which may not cover the full extent of harm suffered.

For Offenders:
Legal consequences may be limited or unclear, as the law does not directly categorize cyberbullying as a punishable offense under current statutes.

For Lawmakers:
The court's observations serve as a strong recommendation to enact dedicated legislation to combat cyberbullying, covering all forms of online harassment and providing effective remedies to victims.

Significance of the Case

Recognition of a Legal Gap:
This is one of the few instances where a High Court has explicitly called for legislation on cyberbullying in India.

Awareness for Society:
The case highlights the social harm caused by online harassment, emphasizing that digital actions can have severe real-life consequences.

Judicial Push for Legislative Action:
The judgment acts as a wake-up call to lawmakers to update India’s legal system to address crimes in the digital era effectively.

Summary:
The Kerala High Court, through the Fakrudeen K.V. case, pointed out that cyberbullying is not adequately addressed by current laws, including IPC, IT Act, or even BNS 2023. It stressed the need for specific legislation to define cyberbullying, provide remedies for victims, and clearly penalize offenders in the digital space.

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