Online Harassment Of Adults
Online Harassment of Adults
Online harassment refers to the use of digital platforms—social media, email, messaging apps, or websites—to threaten, stalk, intimidate, humiliate, or harm an adult. Unlike traditional harassment, online harassment has unique features:
Pervasiveness: Can occur 24/7.
Anonymity: Offenders often hide behind fake profiles.
Viral nature: Content can spread rapidly, increasing harm.
Types of harassment:
Cyberstalking
Threats of violence
Defamation or spreading false information
Doxxing (publishing private information)
Sexual harassment or revenge porn
Legal framework varies by jurisdiction, but most laws address cybercrime, harassment, defamation, and privacy violations.
1. India
Key Laws:
Indian Penal Code (IPC): Sections 354D (stalking), 507 (criminal intimidation by email/phone), 66E (IT Act: violation of privacy), 66A (offensive messages, now struck down)
Information Technology Act, 2000: Section 66 (hacking, harassment via electronic means), Section 66C (identity theft)
Case Law Examples in India:
Shreya Singhal v. Union of India (2015)
Facts: Section 66A of the IT Act criminalized sending offensive messages.
Ruling: Supreme Court struck down Section 66A as unconstitutional for being vague and violating free speech.
Significance: Set limits on what constitutes criminal online communication while balancing free speech.
State v. Navjot Singh (Cyberstalking Case, 2016)
Facts: Accused repeatedly sent threatening and obscene messages to a woman.
Ruling: Court convicted under IPC Section 354D and IT Act 66 for online stalking and harassment.
Significance: Affirmed that persistent digital harassment is punishable.
State of Maharashtra v. Ketan Chougule (2019)
Facts: Private intimate videos of the victim were posted online without consent.
Ruling: Conviction under Section 66E (IT Act) and IPC 509 for insult to modesty.
Significance: Reinforced laws against revenge porn and online harassment.
2. United States
Key Laws:
Cyberstalking laws (state-specific; e.g., California Penal Code Section 646.9)
Federal laws: Violence Against Women Act (VAWA) provisions for electronic harassment, Computer Fraud and Abuse Act (CFAA)
Civil remedies: Defamation, intentional infliction of emotional distress
Case Law Examples in the US:
United States v. Lori Drew (2008)
Facts: The “MySpace suicide case” where a girl was cyberbullied and encouraged to commit suicide.
Ruling: Drew was charged under the Computer Fraud and Abuse Act; later convictions were overturned.
Significance: Highlighted gaps in US law regarding online harassment and the need for clear cybercrime provisions.
People v. Johnson (California, 2010)
Facts: The accused sent repeated threatening emails and messages to an ex-partner.
Ruling: Convicted under California Penal Code 646.9 for cyberstalking.
Significance: Established that repeated unwanted electronic communication constitutes criminal harassment.
Doe v. MySpace, Inc. (2008)
Facts: Victim sued MySpace after being lured into a sexual assault through online interaction.
Ruling: Court examined the duty of social media platforms to protect users.
Significance: Emphasized platform responsibility in preventing harassment and exploitation.
3. United Kingdom
Key Laws:
Protection from Harassment Act, 1997 (criminalizes harassment, including online)
Malicious Communications Act, 1988
Communications Act, 2003 (Section 127): Sending offensive messages electronically
Case Law Examples in the UK:
DPP v. Collins (2006)
Facts: The defendant sent threatening emails and messages over months.
Ruling: Convicted under the Protection from Harassment Act 1997.
Significance: Recognized online harassment as equivalent to physical stalking.
R v. Connolly (2007)
Facts: Repeated obscene and threatening emails sent to an ex-partner.
Ruling: Conviction under Communications Act 2003 and Malicious Communications Act 1988.
Significance: Set precedent for prosecuting electronic harassment in intimate relationships.
4. Australia
Key Laws:
Criminal Code Act 1995 (cyberstalking, threats)
Enhancing Online Safety Act 2015 (Australian eSafety Commission authority)
State-based criminal harassment laws
Case Law Examples in Australia:
Director of Public Prosecutions v. Jones (2013)
Facts: The accused harassed a former partner via emails, social media, and phone.
Ruling: Convicted under criminal harassment laws; sentenced to imprisonment.
Significance: Demonstrated recognition of digital harassment as a serious criminal offense.
R v. Doe (New South Wales, 2016)
Facts: Posting revenge porn content online without consent.
Ruling: Conviction under Criminal Code for publishing intimate images.
Significance: Reinforced protections against sexual harassment and abuse online.
Key Observations
| Jurisdiction | Laws Used | Key Judicial Approach |
|---|---|---|
| India | IPC 354D, IT Act 66E | Emphasis on victim protection, criminal liability for persistent harassment and revenge porn |
| USA | Cyberstalking laws, CFAA | Combination of criminal and civil remedies; some gaps in law |
| UK | Protection from Harassment Act, Communications Act | Recognizes psychological harm and repeated electronic communication as harassment |
| Australia | Criminal Code, eSafety Act | Active online safety measures and prosecution of revenge porn and cyberstalking |
Insights:
Courts increasingly treat online harassment as seriously as physical harassment, especially when persistent or threatening.
Revenge porn, cyberstalking, and psychological harm are universally recognized, though definitions vary.
Enforcement often faces challenges due to anonymity and jurisdictional issues.
Social media platforms are increasingly being held responsible for facilitating harassment.
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