Increasing cases of cyber bullying will alarm the legal fraternity. A 16-year-old make-up artist committed suicide earlier this year after receiving hateful comments. These comments ridiculed and disparaged the gender of the artist. In Kerala, a month later, a young woman died of complications while undergoing treatment after a suicide attempt. The young woman in question was the victim of inflammatory comments on social networks. According to NCERT, 35% of students in India have faced cyber bullying.

A WORRIING TREND

Cyberbullying is the persistent and deliberate act of intimidating or threatening someone by electronic means. It often targets a person’s identity, safety or dignity and can include actions such as stalking, blackmail, revenge pornography or issuing death threats. Like cyberbullying, cyberbullying has serious emotional and psychological consequences for the victim.

India, with nearly 760 million internet users, has witnessed an increase in cyberbullying. A 2020 study by the Indian Child Protection Fund (ICPF) found that one in four children in India were victims – with girls and LGBTQ+ youth disproportionately affected. The latest data from the National Crime Records Bureau (NCRB) indicated 50,000 cases of cybercrime in FY21 – a 15% increase over the previous year.

Apart from the worrying social impact, cyberbullying and cybercrime have alarmed sectors such as banking and finance. A report by Norton Cyber ​​Security in 2021 found that Indians lost more than $6.5 billion due to cyber fraud. Beyond economic losses, the country’s national security is also at risk. Cyber ​​attacks on critical infrastructure such as the banking, healthcare and energy sectors pose serious threats to the country’s stability. Cyber ​​attacks on financial institutions serve as stark reminders of a nation’s vulnerability.

Bullying and cyberbullying statistics may be underreported worldwide. Many victims fear further harassment, social stigma and may have trouble trusting the authorities to take the necessary action. There is a perception among the general public that online abuse can be stopped compared to physical abuse. Such a belief diminishes the urgency of implementing solutions.

LEGAL FRAMEWORK

India has several laws to combat cybercrime, including the Information Technology Act, 2000 and subsequent amendments. In 2015, the Supreme Court struck down Section 66A of the IT Act as a violation of freedom of expression. However, identity theft (66C), transmission of obscene material (67) may apply. Other statutory provisions include child protection (POCSO), defamation (499), criminal intimidation (503) and criminal intimidation by anonymous communication (507).

Despite laws and guidelines, victims may be stigmatized due to the complex nature of geographical boundaries, the evolving nature of cybercrime, which makes it difficult to seek legal recourse. The global nature of the Internet makes it difficult to trace and prosecute cybercriminals, especially when they operate from outside India. The cross-border nature of cybercrime often leaves victims without clear avenues of justice, as laws differ from country to country and international cooperation on cybercrime is still limited. Timing is critical, as courts can be overburdened and there can be a lack of technical expertise, leading to long delays in the investigation and prosecution of cybercrimes.

3 CRUCIAL QUESTIONS

The three essential questions that legal experts and society should ask themselves are: ways to improve legal awareness, fast-track or expedite cases, and mechanisms to encourage victims to report their cases. Awareness campaigns in schools and colleges will improve awareness among young people about the pitfalls of the cyber threat. A multi-faceted approach with NGOs, legal and social experts could educate individuals and workplaces about legal remedies. Such awareness activities in legal departments and law enforcement institutions could help improve technological and legal expertise.

Indian courts are often perceived as needing more time, in case of cyber crimes, cases can be expedited by empowering law enforcement authorities. New digital infrastructure, software and the application of data and analytical tools will improve the time to remedy such cases. Specialized cybercrime units, staffed with trained professionals, can also help deal with complaints effectively. In addition, specialized cybercrime courts could lead to faster resolution of cases. Solutions such as anonymous reporting mechanisms and access to legal aid could empower victims.

The Internet has become an undeniable platform for millions of Indians. The psychological effects of cyberbullying are profound. Victims often experience depression, anxiety, social withdrawal and, in extreme cases, suicidal thoughts. The anonymity that the internet provides makes it easier for bullies to continue their abuse without fear of immediate repercussions, leaving victims feeling powerless and isolated. Any cyber risk (harassment, harassment and crime) must be treated with the utmost urgency. That’s before individuals and businesses are pushed into the dark.

Author: Akshat Khetan is a legal and corporate advisor (Twitter @akshat_khetan). Views are personal.