Blog
Cyberbullying Laws in India: Understanding the Risks and Protecting Yourself
Table of Contents
Cyberbullying Laws in India: Understanding the Risks and Protecting Yourself
Do you know how important Cyberbullying Laws in India are? If not, then we can talk about it here. Several organizations are training their employees in cybersecurity and cyber laws. With that, schools have started talking about cyberbullying to their students to ensure their safety on the internet.
In the end, we will talk about a reputed training institute offering a dedicated training & certificate program for cybersecurity to IT Aspirants. Let’s learn about cyberbullying laws!
What Is Cyberbullying?
Bullying that occurs over digital devices, such as computers and phones, is known as cyberbullying. It entails transmitting or publishing hurtful, untrue, or cruel content about another person.
The goal of this frequently repeated conduct is to frighten, enrage, or embarrass the targeted people. Let’s talk about how Cyberbullying Laws in India can help victims to get out of the grasp of cyberbullies!
Rise of Cyberbullying in India: A Growing Concern
| S.No. | Factors | Why? |
| 1. | Increased Internet Penetration and Social Media Use | Growing usage of social media and the internet gave rise to additional venues for cyberbullying. |
| 2. | High Prevalence Rates | High prevalence statistics showed that a sizable portion of people, particularly young people, were victims of cyberbullying. |
| 3. | Anonymity and Reach | Online anonymity gave offenders more confidence, and the internet’s extensive reach increased the damage. |
| 4. | Lack of Awareness and Digital Literacy | Users who lacked understanding and digital literacy were more susceptible to cyberbullying and less prepared to deal with it. |
| 5. | Inadequate Legal Framework | At first, an insufficient legal framework found it difficult to handle the particular difficulties presented by internet harassment. |
| 6. | Underreporting Due to Stigma and Lack of Support | Efforts to address the issue were hampered by underreporting because of stigma and a lack of easily accessible support networks. |
| 7. | Impact on Mental Health | Cyberbullying’s substantial detrimental effects on victims’ mental health and general well-being have sparked grave worries. |
| 8. | Blurring of Online and Offline Lives | Because online and offline lives are becoming increasingly entwined, cyberbullying has the potential to have real-world repercussions. |
| 9. | Influence of Global Trends | India was subjected to comparable patterns and issues of cyberbullying observed globally due to the influence of global trends. |
| 10. | Challenges for Parents and Educators | Young people are left more vulnerable when parents and educators struggle to recognize and respond to internet threats. |
Key Cyberbullying Laws in India
The following are some of the key cyberbullying laws in India:
- Section 66C of the Information Technology Act, 2000: Identity theft, a practice employed in cyberbullying, is penalized.
- Section 66D of the Information Technology Act, 2000: It discusses computer-based impersonation cheating, which is pertinent to instances of bullying through online impersonation.
- Section 66E of the Information Technology Act, 2000: It addresses the invasion of privacy caused by sending pictures without permission, which is relevant to cyberbullying involving private information.
- Section 67 of the Information Technology Act, 2000: It forbids the electronic publication or dissemination of pornographic content, which may constitute cyberbullying.
- Section 67A of the Information Technology Act, 2000: It specifically targets the dissemination or publication of sexually explicit content, which is frequently done to harass or degrade people.
- Section 354D of the Indian Penal Code (IPC), 1860: It makes stalking illegal, which includes cyberstalking and online harassment.
- Sections 499 and 500 of the Indian Penal Code (IPC), 1860: Because it deals with defamation, cyberbullying is related to the punishable crimes of online libel and slander.
- Section 507 of the Indian Penal Code (IPC), 1860: It addresses illegal intimidation through anonymous communication, which can happen in situations involving cyberbullying.
Role of Police and Cybercrime Cells
| S.No. | Roles | What? |
| 1. | Receiving and Registering Complaints | They give victims a way to formally file complaints and report instances of cyberbullying, starting the legal process. |
| 2. | Investigating Cyberbullying Cases | Cybercrime cells have the tools necessary to look into online harassment, find the offenders, and collect digital evidence. |
| 3. | Enforcing Cyber Laws | They are essential in putting into practice and upholding the pertinent provisions of the IT Act and IPC that deal with offenses related to cyberbullying. |
| 4. | Providing Victim Support | Cybercrime units and police can provide victims with options for psychological and emotional help as well as advice. |
| 5. | Conducting Awareness Programs | To raise awareness of cyberbullying and encourage online safety, they plan workshops and campaigns in communities and schools. |
| 6. | Collaborating with Other Agencies | To combat and stop cyberbullying, they collaborate with social media companies, ISPs, and other groups. |
| 7. | Offering Technical Expertise | Cybercrime cells have the technical know-how and resources required to track down online activity and retrieve digital evidence that is essential to investigations. |
| 8. | Acting as a Deterrent | They can prevent future offenders by actively participating in and successfully prosecuting cyberbullying instances. |
Legal Remedies for Victims of Cyberbullying
The following are the legal remedies for victims of cyberbullying:
- Filing a Complaint with the Police or Cybercrime Cell: In accordance with applicable cyber laws and IPC provisions, victims can formally report the event and start an investigation.
- Requesting Blocking or Removal of Offensive Content: To request that harassing content be blocked or removed, victims can contact internet service providers and social media companies.
- Seeking Legal Action for Defamation: Under Sections 499 and 500 of the IPC, victims of cyberbullying may bring a defamation lawsuit if the remarks made are untrue and harmful.
- Filing a Complaint for Stalking or Harassment: Cyberstalking victims have the right to report the offender under Section 354D of the IPC.
- Seeking Injunction Orders: In extreme circumstances, victims may petition a judge for an injunction order prohibiting the harasser from engaging in further harassment.
- Approaching the National Commission for Women (NCW): The NCW can look into and suggest action after receiving a complaint from a woman who has been the victim of cyberbullying.
- Utilizing Grievance Redressal Mechanisms of Social Media Platforms: The majority of platforms have their own systems in place for reporting and dealing with user conduct and abusive content.
- Seeking Support from Legal Aid Services: Legal aid organizations can help victims who cannot afford legal representation understand their rights and pursue legal remedies.
Cyberbullying Laws Protecting Minors and Women
| S.No. | Topics | Laws | Why? |
| 1. | Minors | Protection of Children from Sexual Offences (POCSO) Act, 2012 | This law imposes severe penalties on those who engage in cyberbullying if it includes sexual harassment, online sexual abuse, or the production and distribution of content that depicts child sexual abuse. |
| Section 67B of the Information Technology Act, 2000 | This clause expressly makes it illegal to produce or distribute electronic content that shows youngsters engaging in sexually explicit behavior. | ||
| Juvenile Justice (Care and Protection of Children) Act, 2015 | Those who harass, abuse, or exploit minors, including in extreme cases of cyberbullying, may face penalties under this statute. | ||
| 2. | Women | Section 354D of the Indian Penal Code (IPC), 1860 | This clause makes stalking, including cyberstalking—the practice of keeping tabs on a woman’s communications or online activities without her consent—illegal. |
| Section 509 of the Indian Penal Code (IPC), 1860 | Any action meant to offend a woman’s modesty is punishable by this, including abusive internet comments, gestures, and the presentation of unsuitable material. | ||
| Sections 499 and 500 of the Indian Penal Code (IPC), 1860 | Defamation is covered under these areas, which is relevant if the cyberbullying includes making untrue and hurtful remarks about a woman online. |
Landmark Cases on Cyberbullying in India
The following are some of the landmark cases on cyberbullying in India:
1. Shreya Singhal vs. Union of India (2015): This case brought to light the difficulties of controlling online speech and the necessity of precise cyber laws, even though its main focus was on the constitutionality of Section 66A of the Information Technology Act, 2000 (which was eventually overturned for being overly ambiguous and violating free speech).
The ruling emphasized how crucial it is to strike a balance between the right to free speech and the requirement to stop online harassment, such as cyberbullying.
2. Vishaka vs. State of Rajasthan (1997) (Indirect Relevance): Although this case is renowned for having created rules prohibiting sexual harassment in the workplace, its ideas have been expanded to comprehend and deal with internet abuse, including cyberbullying directed at women.
It paved the way for the acceptance of online places as continuations of outside settings where harassment is not tolerated.
3. Ritu Kohli Cyberstalking Case (Early 2000s): In India, this is regarded as one of the earliest instances of cyberstalking to be documented. The victim’s personal information was abused and utilized to harass her online, resulting in offensive calls and messages.
It acted as a wake-up call and helped update cyber laws to include prohibitions against cyberstalking and online abuse, even though the rules in place at the time were deemed insufficient to adequately address the issue.
Steps to Prevent Cyberbullying: Government and Personal Initiatives
| S.No. | Topics | Steps | What? |
| 1. | Government Initiatives | Strengthening Legal Frameworks | Establishing and successfully carrying out particular legislation that defines and punishes cyberbullying clearly, guaranteeing thorough coverage and severe penalties. |
| Public Awareness Campaigns | Launching nationwide media campaigns to inform the public—children, parents, and educators in particular—about the causes, effects, and ways to combat cyberbullying. | ||
| Integrating Digital Literacy and Safety in Education | Teaching proper online conduct, cyber ethics, and how to spot and report cyberbullying as part of comprehensive digital literacy and online safety programs that are implemented in schools from a young age. | ||
| Establishing Robust Reporting Mechanisms | Establishing easily navigable online portals and hotlines for reporting instances of cyberbullying, guaranteeing prompt and private resolution of grievances by law enforcement and pertinent authorities. | ||
| 2. | Personal Initiatives | Practicing Responsible Online Behavior | Being aware of one’s own online behavior, refraining from producing or disseminating offensive material, and showing people respect online. |
| Educating Yourself and Others | To promote a culture of online safety and empathy, educate yourself on cyberbullying, its warning signals, and its effects.
Then, proactively share this knowledge with friends, family, and peers. |
||
| Protecting Personal Information Online | Modifying privacy settings on social media sites, exercising caution when disclosing personal information online, and being mindful of the possible dangers of online interactions. | ||
| Intervening and Supporting Victims | When it’s safe to do so, speak out against cyberbullying, provide support to the victim, and urge them to notify the authorities or a trusted adult about the occurrence. |
Conclusion
Now that we have talked about Cyberbullying Laws in India, you might be wondering where you could learn more thoroughly about cyberbullying and related laws. For that, you can rely on a reputed training institute, Craw Security, offering a dedicated training & certification program, “1-Year Cyber Security Diploma Course,” for IT Aspirants.
During the training sessions, you will learn a lot related to cybersecurity, cyberattacks, and cyberbullying under the guidance of experienced trainers. Moreover, online sessions offered by Craw Security will facilitate students with remote learning.
After the completion of the 1-Year Cyber Security Diploma Course offered by Craw Security, students will receive a certificate validating their honed knowledge & skills during the sessions. What are you waiting for? Contact, Now!
Frequently Asked Questions
About the Cyberbullying Laws in India
1. What is considered cyberbullying under Indian law?
Cyberbullying is defined under Indian law as any type of online harassment and abuse that uses electronic communication technologies with the intention of hurting, intimidating, or upsetting the victim.
2. Is cyberbullying punishable in India?
Yes, cyberbullying is illegal in India under several provisions of the Indian Penal Code, 1860, and the Information Technology Act, 2000, which deal with online harassment, defamation, stalking, and the dissemination of objectionable material.
3. Which sections of the Indian Penal Code apply to cyberbullying?
Although there isn’t a single section of the Indian Penal Code (IPC) that applies exclusively to cyberbullying, depending on the specifics of the act, several sections are relevant, such as those about defamation (Sections 499 and 500), stalking (Section 354D), criminal intimidation (Section 507), and insulting a woman’s modesty (Section 509).
4. What legal action can a victim of cyberbullying take in India?
Under the applicable provisions of the Information Technology Act, 2000, and the Indian Penal Code, 1860, a victim of cyberbullying in India may file a complaint with the police or the cybercrime cell for offenses such as defamation, stalking, harassment, or the dissemination of pornographic material.
5. How can I report a case of cyberbullying in India?
In India, you can report instances of cyberbullying by contacting your local police station or cybercrime cell with the necessary documentation or by submitting a complaint through the National Cyber Crime Reporting Portal (cybercrime.gov.in).
6. Can minors be prosecuted for cyberbullying in India?
Yes, under the Juvenile Justice (Care and Protection of Children) Act, 2015, which deals with offenses committed by people under the age of 18, as well as pertinent provisions of the Information Technology Act, 2000, and the Indian Penal Code, 1860, minors can be prosecuted for cyberbullying in India.
However, the juvenile justice system handles these cases, emphasizing reformation and rehabilitation over traditional criminal sentences for adults.
7. What are the penalties for cyberbullying under the IT Act?
Although the IT Act of 2000 does not have a single section specifically addressing cyberbullying, it does penalize several online offenses that fall under this category under sections such as 66C (identity theft), 66D (cheating by personation), 66E (violation of privacy), 67 (publishing obscene material), 67A (publishing sexually explicit material), and 67B (publishing child sexual abuse material).
Depending on the section and the type of offense, the penalties can range from fines to imprisonment for up to several years.
8. Does India have specific laws for cyberbullying in schools or among students?
Although there isn’t a single law in India that addresses cyberbullying in schools, many schools have their own internal policies and disciplinary measures to deal with the problem, and existing laws like the IT Act, IPC, and the Juvenile Justice Act can be applied to instances of cyberbullying involving students.
9. What should I do if someone is harassing me online anonymously?
You should consider following the steps below:
- Document Everything,
- Report to the Platform,
- Block the Harasser,
- Seek Support, and
- File a Cybercrime Complaint.
10. Are there any helplines or government portals for reporting cyberbullying?
Yes, the National Cyber Crime Reporting platform (cybercrime.gov.in) is a government platform specifically designed for reporting cyberbullying and other cybercrimes in India. Furthermore, 1930 is the national cybercrime helpline number.
11. How long does it take for authorities to act on a cyberbullying complaint?
There is no set timeframe, but timely reporting with thorough evidence can frequently result in quicker initial action, such as investigation and account blocking. The complexity of the case, the workload of the cybercrime cell, and the evidence presented can all have a significant impact on how long it takes for authorities in India to take action on a cyberbullying complaint.
12. What are the rights of cyberbullying victims in India?
The following are the rights of cyberbullying victims in India:
- Right to File a Complaint,
- Right to Seek Legal Remedies,
- Right to Privacy & Dignity,
- Right to Seek Support & Assistance, and
- Right to Request Removal of Offensive Content.
13. Can social media platforms be held accountable for cyberbullying incidents?
Generally speaking, social media companies in India are shielded from liability for user-generated content by Section 79 of the Information Technology Act, 2000 (also known as the “safe harbor” provision).
However, there are some exceptions to this rule, and they may be held liable if they actively engage in or aid in cyberbullying or if they neglect to remove illegal content after becoming aware of it.
Due diligence standards for these platforms are further outlined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These obligations include having procedures in place to handle complaints and delete offensive information.
14. What preventive measures can be taken to avoid cyberbullying?
The following preventive measures can be taken to avoid cyberbullying:
- Be Mindful of Your Online Presence,
- Practice Digital Literacy & Critical Thinking,
- Maintain Respectful Online Communication,
- Secure Your Online Accounts, and
- Know How to Report & Seek Help.
15. Are there any landmark cases related to cyberbullying in India?
Although there isn’t a single law that addresses “cyberbullying,” the seminal decision of Shreya Singhal vs. Union of India (2015) invalidated Section 66A of the IT Act, which had been applied to jail people for posting “offensive” content online.
This case indirectly influenced how online harassment, including cyberbullying, is perceived and dealt with legally by highlighting the significance of online freedom of expression and the necessity of specific cyber laws.
16. Is Cyberbullying a Crime in India?
Yes, cyberbullying is a crime in India. Depending on the type of offense, it can be punished under different sections of the Indian Penal Code, 1860, and the Information Technology Act, 2000. These sections include actions such as stalking, defamation, online harassment, and the dissemination of offensive or obscene content.