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CYBERBULLYING AND THE LAW

Assignment Submitted in the Partial Fulfilment of the

Requirements of the Information Technology Law Paper

Submitted by
GREGORY THEODORE S. KHONGSDIR
(19.B.A.LLB.42)

DEPARTMENT OF LAW
SCHOOL OF SOCIAL SCIENCES
NORTH-EASTERN HILL UNIVERSITY
SHILLONG-793022

(August-December 2023)
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TABLE OF CONTENTS
INTRODUCTION 3
Understanding Cyberbullying 3

TYPES OF CYBERBULLYING 3

CYBERBULLYING STATISTICS 5
Cyberbullying in India 6

RELEVANT LAWS DEALING WITH CYBERBULLYING IN INDIA 7

Information Technology Act, 2000 7
Indian Penal Code, 1860 8
Protection of Children from Sexual Offences Act, 2012 9

EFFECTS OF CYBERBULLYING 9

CHALLENGES AND CONCERNS 10

GOVERNMENT INITIATIVES TO CURB CYBERBULLYING 10

CCPWC Scheme 10
I4C Scheme 11
NCCR Portal 11

ADDITIONAL PREVENTIVE MEASURES 12

CONCLUSION 12

BIBLIOGRAPHY 13
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INTRODUCTION

Cyberbullying or cyber harassment is a form of bullying or harassment using electronic

means. Cyberbullying and cyber harassment are also known as online bullying. It has
become increasingly common, especially among teenagers. Cyberbullying is when someone,
typically teens, bully or harass others on the internet, particularly on social media
cites. Harmful bullying behavior can include posting rumours, threats, sexual remarks,
victims’ personal information, or pejorative labels. Several states in United States and other
countries have law specific to cyberbullying. A frequently used definition of cyberbullying is
“an aggressive, intentional act or behavior that is carried out by a group or an individual,
using electronic forms of contact, repeatedly and overtime against a victim who cannot easily
defend him or herself.” The term “cyberharassment” and “cyberbullying” are sometimes used
synonymously, though some people use the latter to refer specifically to harassment among
minors or in a school setting.

Understanding Cyberbullying:

To effectively combat cyberbullying, it is essential to first define and understand what it

entails. Cyberbullying refers to the use of electronic devices and communication tools to
harass, threaten, or intimidate individuals, often through methods like text messages, social
media platforms, emails, and online forums. The abusive nature of these actions can have
serious emotional, psychological, and even physical consequences for the victims.

TYPES OF CYBERBULLYING

According to the Social Media Victims Law Center, cyberbullying takes many forms.
Common types of cyberbullying include1:

Exclusion: A cyberbully can intentionally leave someone else out of an online group or
message thread. This can leave a victim feeling isolated and depressed.

Harassment: Harassment occurs when a cyberbully sends persistent and hurtful online
messages to a victim. These messages can contain threats.

Cyberstalking: With cyberstalking, a cyberbully monitors a victim’s online presence

closely. The bully can also make false accusations and threats against the victim and their

1
Types of Cyberbullying (Social Media Victims Law Center, September 13, 2023)
< https://socialmediavictims.org/cyberbullying/types/> accessed 14 October 2023
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loved ones. Additionally, cyberstalking can extend to the real world, becoming quite serious
and dangerous for the victim and potentially their loved ones.

Cyberstalking and offline stalking are both considered criminal offenses. In either instance, a
victim can file a restraining order against their perpetrator. Furthermore, the perpetrator can
face probation and jail time.

Outing: Outing someone on social media occurs when a cyberbully openly reveals a
person’s gender identity or sexual orientation without their consent. The bully does so in the
hopes of embarrassing or humiliating the victim.

Doxxing: Doxxing, or doc-dropping, is when a cyberbully maliciously shares personal data

about an individual online that wouldn’t normally be publicly known to harass or intimidate
a victim. This includes personal information such as someones home address, school they
attend, or their social security number.

Fraping: Fraping occurs when a cyberbully uses a victim’s social media accounts to post
inappropriate content with the victim’s name attached to it. In this scenario, the victim is tied
to online content that can damage their reputation.

Trolling: Not all trolling is considered cyberbullying, but cyberbullies can troll victims by
posting derogatory comments about them online in the hopes of hurting these individuals.

Dissing: A cyberbully disses a victim by spreading cruel information about them. The bully
does so via public posts or private messages, with the intent of damaging the victim’s
reputation or relationships with others.

Flaming: Flaming consists of posting about or sending insults and profanity to a victim. A
cyberbully flames a victim in the hopes of getting this individual to engage in an online fight.

Denigration: A cyberbully denigrates a victim by sending, posting, or publishing false

information online about the individual. Denigration usually consists of cruel rumors and
gossip about a victim.

Impersonation: A cyberbully can impersonate a victim by posting comments on social

media and chat rooms in the individual’s name. Doing so can cause a victim to experience
backlash from others based on the bully’s online comments.
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Trickery: A cyberbully can befriend a victim, to the point where the targeted individual feels
comfortable sharing secrets and other sensitive information. The bully then publicly releases
the information the victim shares to humiliate, shame, or otherwise harm them.

Fake Profiles: Cyberbullies can set up fake online profiles on behalf of victims. They can
use these profiles to publish false content in their victims’ names without the victims’
consent.

Catfishing: With catfishing, a cyberbully exploits a victim’s emotions. A cyberbully

attempting to catfish a victim creates a fake online identity and pretends to be someone else.
The bully can then engage with a victim using this false identity and build an online
romance. Over time, the victim may trust the online user and share sensitive information with
the individual. Then, the cyberbully can use this information to embarrass the victim and
damage their reputation or expose them.

CYBERBULLYING STATISTICS

According to cyber bullying statistics from the i-SAFE foundation2:

1. Over half of adolescents and teens have been bullied online, and about the same number
have engaged in cyber bullying.

2. More than 1 in 3 young people have experienced cyber threats online.

3. Over 25 percent of adolescents and teens have been bullied repeatedly through their cell
phones or the Internet.

4. Well over half of young people do not tell their parents when cyber bullying occurs.

The Harford County Examiner reported similarly concerning cyber bullying statistics:

5. Around half of teens have been the victims of cyber bullying

6. Only 1 in 10 teens tells a parent if they have been a cyber-bully victim

7. Fewer than 1 in 5 cyber bullying incidents are reported to law enforcement

8. 1 in 10 adolescents or teens have had embarrassing or damaging pictures taken of

themselves without their permission, often using cell phone cameras

2
The SAFE Foundation is a charity based in Cardiff, Wales, providing Support, Aid, Fun and Education to
communities in the developing world.
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9. About 1 in 5 teens have posted or sent sexually suggestive or nude pictures of themselves
to others

10. Girls are somewhat more likely than boys to be involved in cyber bullying.

Cyberbullying in India

The highest instances of cyberbullying were recorded in India where 37 percent of parents

said their child had encountered it3. Nearly 85% of children in India are victims of
cyberbullying (or have cyberbullied someone else) at rates that are nearly twice as high as the
global average, according to a new study. Cybersecurity company McAfee's report,
"Cyberbullying in Plain Sight", is based on a survey of 11,687 parents and their children
from 10 different countries that was performed between June 15 and July 5. Spreading false
rumours was identified as a prevalent kind of cyberbullying in India at 39 percent, being
excluded from groups and conversations was recorded at 35 percent, and name-calling was
reported at 34 percent. Notably, 45 percent of Indian students reported hiding their
experiences with cyberbullying from their parents, maybe as a result of the general lack of
discussion4.

In May 2022, McAfee released similar data on the internet, risk exposure of Indian children
along with advice for parents on how to protect their children from cyberbullying. In India,
83% of kids between the ages of 10 and 14 use cellphones, which is 7% more than the 76%
global average. This exposes them to significant risks associated with the internet, mostly
due to the lack of security that exists between parents and children.

The survey found that Indian children experience and witness the highest levels of
cyberbullying on almost all social media and messaging platforms, with 42% of children
experiencing racial cyberbullying—a frightening 14% higher incidence than children
worldwide. Aside from racism, the most extreme forms of cyberbullying that were recorded
were doxing (23 percent), sexual harassment (30 percent), personal attacks (29 percent),
trolling (36 percent), and threats of personal damage (28 percent). These types of
cyberbullying were all nearly twice as common as the global average.

3
Niall McCarthy, Where Cyberbullying Is Most Prevalent (Statista, October 13, 2018)
<https://www.statista.com/chart/15926/the-share-of-parents-who-say-their-child-has-experienced-
cyberbullying/> accessed 14 October 2023
4
Sounak Mukhopadhyay, India biggest hub for cyberbullying among children (Mint, August 9, 2022)
<https://www.livemint.com/news/india/indian-children-suffer-cyberbullying-across-all-social-media-
11660020633019.html> accessed 14 October 2023
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Children in India reported cyberbullying on fourteen different platforms, including

Facebook, Instagram, Snapchat, and WhatsApp, up to 1.5 times more frequently than
children in other nations. TikTok is the only exception, as it is still prohibited in India,
according to the research. The study found that 58% of children reported they had deleted a
social media account due to cyberbullying, compared to the 33% global average.
Furthermore, 87 percent of respondents said they talk to their peers about cyberbullying,
which is 25 percent higher than the global average of 62 percent.

RELEVANT LAWS AND REGULATIONS DEALING WITH CYBERBULLYING IN

INDIA

The Information Technology Act, 2000

Under the IT Act, 2000 Sections 66 A, 66 C, 66 D, and 66 E punishes anyone who uses the
internet, social media, or other digital media devices for any offense, including fraud,
disrespectful behavior, and violating privacy. Sections 67, 67A, and 67 B of the IT Act
address the publication and electronic transmission of content that includes sexually explicit
acts, etc. Thus, these sections indirectly deal with cyberbullying.

Section 66A - The penalties for sending harmful or abusive emails or communications via
the internet or any other platform are covered in Section 66A. These messages are intended
to irritate, hurt, and cause inconvenience to the recipient. Under the clause, sharing
information that one considers to be untrue is likewise punishable. If the sent communication
was deemed to be extremely offensive, the punishment under this clause is three years in jail.
But the Apex Court invalidated this clause in 2015 because it violated the right to free speech
and was ruled unconstitutional in the Shreya Singhal case5.

Section 66 - Computer-Related Offenses: This section deals with various cybercrimes,

including unauthorized access to computer systems and data.

Section 66C - Identity Theft: This section addresses the theft of identity, often relevant in
cases of impersonation online.

Section 66D - Cheating by Personation by Using Computer Resource: This section is

relevant in cases where someone uses a computer resource to impersonate another person.

5
Shreya Singhal v. Union of India AIR 2015 SC 1523; Writ Petition (Criminal) No. 167 OF 2012
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Section 67 - Publishing or Transmitting Obscene Material in Electronic Form: This section

pertains to the transmission of explicit or obscene content online, which can be part of
cyberbullying.

Section 67A - Publishing or Transmitting of Material Containing Sexually Explicit Act in

Electronic Form: This section is applicable in cases of cyberbullying involving explicit
content.

Section 67B - Publishing or Transmitting of Material Depicting Children in Sexually

Explicit Act in Electronic Form: This section is relevant when minors are involved in explicit
content, and it's transmitted online.

The Indian Penal Code, 1860

The Indian Penal Code (IPC) is the official criminal code of India that covers all substantive
aspects of criminal law, which came into existence in the year 1862 in all British
Presidencies. IPC Sections 292A, 354C, 354 D, 499, 507, and 509 punish people who
indulge in blackmailing, voyeurism, stalking, threatening, intruding, etc.

Section 292A - Printing, selling, or transmitting any printed or written document that is
obscene or meant for blackmail is covered under Section 292A, which also addresses matters
that are printed in a grossly indecent manner. This clause makes it illegal to engage in or
profit from any business that involves the sale, import, export, printing, or other activities
involving such items or their advertising in a way that would be morally repugnant.

Section 354C - According to this clause, it would be illegal for a male to take a picture of a
woman performing a private act in a situation where the woman is presumed to be private or
to share the image with a third party. This clause solely applies to men, as it is gender
specific. This provision does not punish women. Upon his first conviction, he faces a
minimum one-year sentence, which may go up to three years, along with a fine. A second
offense results in an increase in prison time of at least three years, with the possibility of
seven years in prison and a fine.

Section 354D - Section 354D deals with the penalties associated with stalking. It includes the
punishment, which is that anyone found guilty of stalking on a first offense gets a sentence
for a maximum of three years and must pay the fine. An accused individual may be
sentenced to either kind of imprisonment for a maximum term of five years in addition to a
fine for a secondary conviction.
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Section 499 - Defamation is covered in Section 499. The scope of defamation is wide, as this
section discusses. In addition to verbal or written defamation that occurs offline, it also
encompasses any speech or document that is placed online by an individual that tends to
damage the reputation of another individual. Someone who engages in such behavior will be
charged with online defamation and subject to the penalties outlined in Section 500 of the
Indian Penal Code. Simple imprisonment for a maximum of two years, a fine, or both may be
the penalty.

Section 507 - The use of anonymous communication in criminal intimidation is expressly

addressed by Section 507. This implies that anyone who threatens another individual using a
fictitious identity—which may be any social media platform—or an unidentified
communication source faces a maximum two-year prison sentence.

Section 509 – Section 509 deals with punishment for intruding into the personal space of a
person. An accused can face a maximum sentence of three years in simple jail and a fine if
they intentionally violate the privacy of women by performing actions, saying words, or
making certain gestures or sounds. Anyone found to be harassing a woman by electronic
means or by using a telecommunication equipment faces a fine and a minimum of two
months of hard imprisonment, with the possibility of an additional two years.

Protection of Children from Sexual Offenses (POCSO) Act, 2012

This act is specifically designed to protect children from sexual offenses, including online
harassment and bullying.

EFFECTS OF CYBERBULLYING

The effects of cyberbullying have been predominantly explored in the area of adolescents’
mental health concerns. In general, researchers have examined the relationship between
involvement with cyberbullying and adolescents’ tendency to internalize issues (for example,
the development of negative affective disorders, loneliness, anxiety, depression, suicidal

ideation, and somatic symptoms) This relationship has been explored among Finnish youth,
Turkish youth, German youth, Asian and Pacific Islander youth, American youth, youth
living in Northern Ireland, Swedish youth, Australian youth, Israeli youth, Canadian youth,
Czech youth, Chinese youth, and Taiwanese youth. Although not as prolific, past work has
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also examined the impact of cyberbullying on adolescents’ tendency to externalize issues (for
example, through substance use, delinquency)6.

CHALLENGES AND CONCERNS

Anonymity: One of the challenges in addressing cyberbullying is the anonymity that the
internet provides. Bullies can hide behind pseudonyms and evade detection.

Jurisdictional Issues: The global nature of the internet makes it difficult to enforce legal
actions across different jurisdictions. Cyberbullies operating from different countries may
pose unique challenges.

Free Speech Concerns: There is a fine line between legitimate free speech and
cyberbullying. Balancing the right to free expression with the need to protect victims is an
ongoing concern.

Impact on Mental Health: Legal actions may not always address the emotional and
psychological toll on victims. Mental health support and education about online safety are
crucial alongside legal measures.

GOVERNMENT INITIATIVES TO CURB CYBERBULLYING

Cybercrime prevention against women and children scheme (CCPWC Scheme)

The main objective of Cyber Crime Prevention against Women and Children (CCPWC)
Scheme is to have an effective mechanism to handle cybercrimes against women and
children in the country. The scheme has a total estimated outlay of Rs. 223.198 crores and
main features of the scheme are given below7:

 Online cybercrime reporting platform

 One national level cyber forensic laboratory
 Training of Police officers, judges & prosecutors
 Cybercrime awareness activities
 Research & Development

6
Current perspectives: the impact of cyberbullying on adolescent health (National Library of Medicine, August
1, 2014)
<https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4126576/> accessed 15 October 2023
7
Cyber Crime prevention against Women and Children (Press Information Bureau, Ministry of Home Affairs)
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Under the CCPWA scheme, different units are established that are responsible for reporting
online criminal acts and their investigations, analyzing cybercrime reports, and detecting any
alarming cybercrime situation.

Indian cybercrime coordination centre (I4C) scheme

In the battle against cybercrime, I4C serves as a vital instrument to stop the needless use of
social media. Additionally, it is aided in working on several projects by multinational
agencies and the rapid growth of technology. Its goal is to address various difficulties
encountered in online media, with a focus on victims who are women and children and
raising awareness among young people.

The objectives of I4C are8:

 To act as a nodal point to curb Cybercrime in the country.

 To strengthen the fight against Cybercrime committed against women and children.
 Facilitate easy filing Cybercrime related complaints and identifying Cybercrime
trends and patterns.
 To act as an early warning system for Law Enforcement Agencies for proactive
Cybercrime prevention and detection.
 Awareness creation among public about preventing Cybercrime.
 Assist States/UTs in capacity building of Police Officers, Public Prosecutors and
Judicial Officers in the area of cyber forensic, investigation, cyber hygiene, cyber-
criminology, etc.

National Cyber Crime Reporting Portal (NCCR)

The Government of India launched the NCCR portal, an online complaint system where
victims of criticism particularly women and children may file complaints. They work with
the local police to respond promptly to complaints that are filed. Since technology has been
surpassing all traditional approaches, it has also surpassed the offline procedure of reporting
cybercrimes. The National Cyber Crime Reporting Portal is a convenient way for victims and
complainants to register their cybercrime complaints. It also allows victims and complainants
to have access to cybercrime cells and all relevant information at their fingertips. The victim
of the crime can also register with a nearby cybercrime cell to file a written complaint.

ADDITIONAL PREVENTIVE MEASURES

8
Indian cybercrime coordination centre (Press Information Bureau, Ministry of Home Affairs)
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To combat cyberbullying and protect individuals, various preventive measures can be taken:

Education and awareness campaigns: Schools, colleges, and community organizations can
conduct awareness programs to educate individuals, especially children and teenagers, about
the risks of cyberbullying.

Reporting mechanisms: Social media platforms and websites should have reporting
mechanisms in place to enable users to report instances of cyberbullying, which can then be
investigated and addressed by the platform administrators.

Legal recourse: Victims of cyberbullying should be encouraged to report the incidents to the
appropriate law enforcement authorities, providing evidence such as screenshots, messages,
and records of the harassment.

CONCLUSION

Cyberbullying is a complex issue that requires a multifaceted approach involving legal,

educational, and social elements. Indian law provides a legal framework to address
cyberbullying, but its effective prevention and mitigation also depend on awareness,
reporting mechanisms, and collaboration between individuals, authorities, and online
platforms. By understanding and effectively implementing these laws and preventive
measures, India can make significant strides in combating cyberbullying and protecting the
digital well-being of its citizens.

REFERENCES
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1. Current perspectives: the impact of cyberbullying on adolescent health, National

Library of Medicine <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4126576/>
2. Effects of Cyberbullying, Social Media Victims Law Center
<https://socialmediavictims.org/cyberbullying/effects/#:~:text=Teenagers%20who
%20are%20victims%20of,%2C%20anxiety%2C%20and%20suicidal%20thoughts.>
3. Which Country has the most Cyberbullying, Prezi.com
<https://prezi.com/pwddx2s_hnir/which-country-has-the-most-cyberbullying/>
4. Where Cyberbullying Is Most Prevalent, Statista
<https://www.statista.com/chart/15926/the-share-of-parents-who-say-their-child-has-
experienced-cyberbullying/>
5. Indian government initiatives on cyberbullying: A case study on cyberbullying in
Indian higher education institutions, Springer Link
<https://link.springer.com/article/10.1007/s10639-022-11168-4>