Cyber Harassment Laws in India: Your Rights & Remedies

Users in India are active on a variety of social media platforms, making India one of the countries with the fastest-growing social media presences worldwide. Social media users may nonetheless become entangled in the murkiness of Cyber harassment, regardless of the platform.
Cyber abuse and harassment are terms that are frequently used interchangeably. It is "the pervasive or severe targeting of an individual or group Cyber through damaging behaviour," according to PEN America.

According to a 2017 newspaper article, four out of every five Indians had some experience with internet harassment. In addition, because of how pervasive Cyber harassment is, victims are occasionally in the dark about it.

Types of Cyber Harassment

Some of the most common forms of Cyber harassment are:

Trolling

The practice of stirring up conflict and animosity in an Cyber group by posting offensive or off-topic posts. These actions are carried out by people or groups known as "Trolls." The Cyber counterpart of a mob lynching is trolling.

Threats About Physical Harm and Sexual Harassment

People frequently threaten to hurt them physically or sexually when they express their opinions on social media. In addition, a lot of people send vulgar and disgusting messages to women Cyber.

Many of the women I know who use the internet frequently and occasionally receive angry messages from complete strangers. Stand-up comedians and content producers who discuss politics or religion frequently receive death threats and sex exploitation threats.

Many people aggressively monitor other people's Cyber activity. Perpetrators use the internet, email, and other forms of electronic communication, to follow, hound and harass individuals.

Doxing involves criminals gathering and disseminating sensitive data Cyber, such as social security numbers and residential addresses. These cybercriminals frequently use doxing to silence protests and activists. It is the equivalent of blackmailing in the Cyber world.

This is a deliberate attempt to damage someone's reputation through harsh, frequently unjustified criticism.

Cyberbullying is a generic term used to describe virtually all sorts of harassment. In actuality, these bullies disrupt their victims' life by using modern technologies. Additionally, their actions are intended to "scare, anger, or shame" the victims.

What Are the Cyber Harassment Laws in India?

Cyber harassment victims can seek redress under a number of legal provisions. There might, however, be a knowledge gap in the populace. It's possible that they are unaware of their rights.

What rights are available under the social media harassment laws in India? Well, they are nestled under the following Acts:

Indian Penal Code, 1980

The general penal code for India is known as the Indian Penal Code, or IPC. Following the "Nirbhaya" incident, the Act underwent some significant revisions to make it more thorough and comprehensive. The IPC forbids sexual innuendos, stalking, voyeurism, and outraging a woman's modesty even if law doesn't address Cyber harassment. It also makes unlawful acts of criminal intimidation and slander.

Section 298 criminalises hate speeches aimed at damaging the religious sentiments of individuals.

Section 354A proscribes the many forms of sexual harassment like forcefully showing pornography, making unwelcome physical contact and sexual advances. Demanding or requesting sexual favours and making sexually coloured remarks are also punishable offences.

Section 354C makes voyeurism a punishable offence. It means the act of watching or capturing the image of a woman engaging in a private act, without her permission or consent. Moreover, it is punishable to disseminate such images without the victim’s permission, even if she consented to be captured.

Section 354D punishes every form of stalking including Cyber stalking. An alleged offender must prove that his act was reasonable, justified, and pursued under law, for preventing or detecting a crime. Thus, stalking will not attract punishment only in such circumstances.

Section 499 criminalises defamation, or the act of tarnishing the reputation of an individual through words, signs, or visible representations.

Section 503, 506, and 507 proscribes criminal intimidation. It includes the threat to cause grievous injury or worse still—death. Incidentally, the threat to property, or reputation is also covered under the aegis of criminal intimidation. Additionally, criminal intimidation can be with regards to the reputation of the deceased also.

Section 509 criminalises insulting the modesty of a woman through any act, gesture, or word, and violating her privacy.

Information Technology Act, 2000

A specialised legislation to deal with electronic communications and technology; the Information Technology Act, 2000 (IT Act) contains various protective measures.

Section 66C makes identity theft using fraudulent or dishonest means a punishable offence.

Section 66E criminalises the intentional capture, publication, or dissemination of the images of the private areas of any person without his/her consent. This section protects victims of all genders.

Section 66F deals with acts of cyber terrorism including DoS attacks, and the hacking of electronic devices.

Section 67 makes publication or transmission of obscene and lascivious material over electronic medium a punishable offence. It includes sharing pornographic clips or images, obscene messages and screening photos and videos of illegal activities over the internet.

Section 67A forbids transmission or publication of sexually explicit act or conduct over electronic media.

Section 67B criminalises the publication or transmission of material depicting children engaging in a sexually explicit act or conduct. Furthermore, this Section proscribes the download and search for such perverted material. Additionally, the Act condemns acts of facilitating Cyber child abuse, recording child sexual abuse, or enticing or inducing children for a sexual relationship.

Indecent Representation of Women (Prohibition) Act, 1986

Section 4 bars the production, distribution or circulation of any material containing indecent representation of women in any form.

The Sexual Harassment of Women at Workplace Act, 2013

The entire Act is aimed at preventing sexual harassment of women. Section 2(n) defines “sexual harassment” but does not specify any medium. Besides, Section 2(o) defines “workplace” to include “a dwelling place or a house” as well.

Remedies

We have seen so far what protections the Indian laws against Cyber harassment afford us. Understanding the rights is not sufficient, though. Therefore, we must be able to exercise our rights and get access to the various legal remedies for Cyber abuse.

In India, sufferers can choose from a variety of therapies. Three options are suggested for investigation by the Center for Advanced Research in Digital Forensics and Cyber Security (ARDC). Social media platforms, the National Commission for Women, and cyber cells are among them.

Social Media Websites

Cyber social media platforms to spread awareness. Send complaints to the various grievance support departments of the relevant social media network about offensive content and perverse behaviour.

National Commission for Women and the Ministry of Women and Child Development

Any instance of deprivation of women’s rights or harassment endured by women can be reported to the National Commission for Women. Interested complainants can contact the Commission over email at complaintcell-ncw@nic.in, or call at 011-26944883 and 011-26944880.

One can also contact the Ministry by calling at +91-11-23381611 or by sending an email at nic-mwcd@gov.in. Additionally, you can contact the current Under-Secretary at the Ministry at bbb.shankar60@gov.in or +91-11-23381611.

Cyber Cell and F.I.R.

To aid cybercrime victims, the National Cyber Crime Reporting Portal was established. You can contact the proper authority by using their list of Nodal Officers for the cyber cell of each State.

Additionally, you have the option of submitting a First Information Report (F.I.R.) to your neighborhood police department. Problems with jurisdiction shouldn't arise in this situation. The F.I.R. will therefore serve as evidence of your quick action.

Conclusion

One can only be as cautious as they can be when using social media. As a result, being computer savvy will help to guarantee that your internet presence is well-secured. Here are some hints that will steer you in that direction:

• Maintain the privacy of sensitive information including your birthdate, address, Aadhar number, and financial details.

• Don't keep private images on any of your technological gadgets that have cloud storage or an internet connection.

• Use caution when sharing information about your whereabouts and while sharing what you share.

• Additionally, refrain from opening any suspicious file attachments or hyperlinks.

• In addition, unless absolutely required, cover the web camera.

• Keep a reliable antivirus programme installed at all times, and update your software frequently.

• Above all, be mindful of internet safety recommendations.

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