By Aditi Kharb, 2nd year at Himachal Pradesh National Law University, Shimla
“Cyber terrorism could also become more attractive as the real and virtual worlds become more closely coupled, with automobiles, appliances, and other devices attached to the internet.”
- Dorothy Denning
INTRODUCTION
As technology progress and advances through the times, more and more ways of connectivity are created. Talking particularly regarding the internet, it is very easy for a person to stay connected to anyone across the planet, even by staying at one place. However, such ease of connectivity, apart from making various things more feasible, also has its disadvantages. Such ease of connectivity often invites unwanted individuals to the lives of some people. What starts as cyber-stalking can eventually develop into what is known as cyber-bullying.
In the simplest terms, stalking is defined as unwanted or unwelcomed surveillance towards an individual or a group by another individual or group. Similarly, bullying is defined as the use of force, either verbal or physical, and/or threats by one individual towards another to intimidate or to assert dominance over the victim. When, by the means of the internet, one can monitor the activities of another individual, the term that is used is cyber-stalking. It mostly happens over social media sites; however, other platforms such as SMS services and so on also serve as potential grounds. Similar to this, when employing the means provided by the internet, one can harass another, the term is used is cyber-bullying. It has mostly the same platforms as cyber-bullying. Although in cyber-bullying, unlike simple bullying, the harassment done to the victim is mental instead of physical.
CYBER-STALKING IN INDIA
In India, cyber-stalking is considered as a serious offence, and most cases of cyber-stalking are reported by women. Social media has proved to be the foundation of such offences. These sites allow individuals from all over the country to connect without any difficulty. Various platforms have a very high number of user-presence, and thus they serve as the ‘breeding grounds’ of cyber-stalking offences.
CYBER-BULLYING IN INDIA
Cyberbullying can be categorized into various forms. Broadly speaking, acts of cyberbullying may include abusing the personal information of a person; such as their photos, using malware to manipulate and destroy information stored in computers and other such devices, abusing people in chat rooms (flaming), sending vulgar contents and/or abusing by electronic means of communication and so on. Impersonation, divulging sensitive information regarding someone else, socially isolating someone by excluding them from groups over social media, stealing passwords, continuous harassment online, and forcing someone else to bully another person are some more types.
THE FIRST CASE OF CYBER-STALKING IN INDIA
In 2003, the Delhi Police reported a case of cyberstalking. This was the first case of its kind that was ever reported. This case also served as the reason for the 2008 Amendment in the IT Act, 2000. The accused stalked and harassed the victim, along with disclosing her identity and contact number. This severely affected her private life and caused her serious inconvenience, harassment and even mental trauma. The perpetrator, Mr Manish Kathuria, was eventually caught by way of his IP Address. He was booked under Section 509 of the Indian Penal Code (IPC) on the charges of outraging the modesty of his victim. This case brought about a need for specific legislation that would tackle the issues of cyberstalking. However, it was only in as late as 2008 that Section 66A was introduced. Post2008, similar cases were reported under this provision and this counting until this section was struck down by the Apex Court on the grounds of being unconstitutional.[1]
LEGISLATIONS IN INDIA AGAINST CYBER CRIMES
In India, certain legislations and provisions of legislations have been introduced to tackle the issue of cyber offences.
· Information Technology Act, 2000 (Act no. 21 of 2000).
The Information Technology Act, 2000, simply known as the IT Act was brought into force to counter various cyber offences. The Long Title of the Act states,
“An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication…”[2]
The IT Act contains various provisions that deal with the issues of cyber offences. For instance, the IT Act, in its Section 43A, provides for compensation to an individual, whose personal information or sensitive data is wrongfully given to any other person by an individual, who is handling or operating a computer resource, either negligently or without reasonable security, which belongs to the former. Under this section, “reasonable security” has been defined as the procedures that are created or established to safeguard the information that is sensitive in nature from access by unauthorized individuals, or damage.[3]
In addition to this, the Act, in its Section 67, prescribes punishment for either broadcasting or issuing vulgar material in a digital/electronic form.[4] In this section, if an individual is convicted for the first instance, then he/she shall be imprisoned for some time not more than three years and be imposed with a fine not amounting to more than five lakh rupees. If convicted for a second instance, the individual may be awarded a punishment of imprisonment for no more than five years and be imposed with a fine not exceeding ten lakh rupees.
The IT Act, in Section 67A, prescribes punishment for issuing or broadcasting sexually explicit content in digital/electronic form.[5] Section 67B of the IT Act prescribes punishment for issuing/broadcasting sexually explicit content which depicts children in a digital/electronic form.[6]
Significant introductions were introduced in 2008 in the IT Act. An intermediary was bound to take down any illegal content about which it has ‘actual knowledge’ that has been acquired through proactive methods, a user notification or a government order. In 2015, the Apex Court, in its landmark judgment in Shreya Singhal v. Union of India[7], modified the intermediary liability system, changing the meaning of ‘actual knowledge’ to mean a court or executive order.[8]It is surprising that the IT Act has not covered any of the communication-related threats online.[9]
· The Indian Penal Code, 1860 (Act no. 45 of 1860).
There are certain provisions of the IPC as well which may be used to tackle issues of cyber offences. For instance, Section 500 of the IPC deals with defamation.[10] This provision can be used if an individual defames another individual on cyber platforms, such as social media websites. The punishment that has been prescribed under this Section is of imprisonment for a period not exceeding two years, or with a fine, or even both.
· The Criminal Law (Amendment) Act, 2013 (No. 13 of 2013).
Section 354D of Criminal Law (Amendment) Act defines the offence of stalking and prescribes the punishment for the offence. The offence of stalking is described as an act of continued pursuance to contact a woman, even after clear instructions from the woman to the offender to disengage in such an activity. Such an offender can be held liable under this section. Further, the act of sending any defamatory or threatening messages through e-mail, criminal intimidation or use of any word or gesture that insults the modesty of a woman is covered under different sections of this act.
CONCLUSION
As the Attorney General of the USA stated, “Everybody should want to make sure that we have the cyber tools necessary to investigate cyber-crimes and to be prepared to defend against them and to bring justice to people who commit it.” With the advent of new platforms for socialising online, there arises a need for cyber policing. In India, there is a dearth of legislation dealing with crimes that take place through these online platforms. The legislation needs to evolve and be dynamic with regard to the changing times. For instance, the current legislation does not include online threats under its purview. Legislation dealing with cyber-crimes should include every possible crime that takes place and which is not given heed to by the policing authorities. The conviction rate in cyber-crimes is less because of lack of awareness. There arises a need for the authorities to organise educational programs which enlighten the individual about his/her rights on the online platforms. The online platforms need to be held accountable as well. Cyber-stalking and Cyber-bullying are rampant in this era of technological advancement, but that equally increases the responsibility of authorities to keep in check the transgressors and make online platforms a safer place.
[1]Archana Sarma, Cyber Stalking And The Plight Of Women In India – A Legal Perspective, 9 RMLNLUJ, 2017 [2]Information Technology Act, 2000 (Act no. 21 of 2000) [3]Ibid 1 [4]Supra at1 [5]Supra at1 [6]Supra at1 [7] AIR 2015 SC 1523 [8] Amrita Vasudevan, Taking Down Cyber Violence, Economic and Political Weekly, 12th January, 2019 [9]B. S. Shivankar&AswathyRajan, A Critical Analysis Of Cyber Bullying In India-With Special Reference To Bullying In College, Int. Journal of Pure and Applied Mathematics, 17th November, 2018 [10]The Indian Penal Code (Act no. 45 of 1860)
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