NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW

CYBER BULLYING: LAW

AND SOCIAL IMPACT
SUBJECT:
SUBMITTED TO-
2/1/2017

NAME- ANURADHA GUPTA

LL.M. SEMESTER 1
 INTRODUCTION
Cyber bullying is the act of sending mean messages texts images r abusive content to others
in the guise of the internet. The veil of anonymity that is provided by the internet makes some
of the seemingly normal persons turning into cyber-bullies. The shroud of the internet and the
sense that anything can be done when you dont have to witness the victims face upfront,
makes it easier to be a cyber-bully.

Most people who are bullied online are also bullied in person. However, while offline
bullying allows one the chance to avoid areas and situations that will put them in direct
contact with a bully, cyberbullying offers no such reprieve. A bully can send harassing e-
mails or instant messages, post obscene, insulting, and slanderous messages to online bulletin
boards, or develop web sites to promote and disseminate defamatory content. Besides,
harassing text messages can be sent to the victim via mobile phones

Cyberbullying can follow victims wherever they go, whether they are in a crowd or alone.
Cyberbullies can reach their victims, 24 hours a day, 7 days a week, 365 days a year. They
often post hurtful content online, anonymously, so that they cannot be traced or stopped.
Given the nature of social media, such content is quick to go viral, and reaches a large
audience in the blink of an eye, making it difficult, even impossible, for authorities to delete
the harmful content before it wrecks damage. The all-pervasive nature of cyberbullying, as
well as the amount of time it takes to trace cyberbullies, makes the growth of cyberbullying
an alarming trend across the globe.

Because cyberbullying is difficult to track, many victims feel helpless and unable to cope
with it, especially if the bullying is personal and long-drawn. It is no surprise, therefore, that
this form of bullying has been known to trigger depression and anxiety in its victims. In many
instances, it has also resulted in victims developing suicidal tendencies.

LEGAL RIGHTS AGAINST CYBER BULLYING

Offences of bullying, stalking, terrorism, breach of confidentiality, etc. committed in
cyberspace are like similar offences in the real world and are punishable. The Information
Technology Act, 2000 (IT Act) was enacted to deal with e-commerce and electronic records,
and also to punish e-commerce offences. Offences such as intimidation, insult, annoying,
harassment, defamation, etc. in cyber space continued to be punishable only under the IPC till
the 2008 amendment to the IT Act.
Section-66A in the amended IT Act deals with these crimes. Sending any message (through a
computer or a communication device) that is grossly offensive or has menacing character;
any communication which he/she knows to be false, but for the purpose of causing insult,
annoyance and criminal intimidation comes under this section. This crime, under the current
IT/Cyber/Criminal laws in India is punishable up to three years with a fine.

According to UNICEFs 2016 Child Online Protection in India report, The transnational
nature of cyber crime calls for international cooperation.The US has often failed to share
information vital to dealing with cyber crime. It denies access to data held by companies
based in the US (such as Google, Facebook)on grounds that it would be in contravention of
its laws, the report stated, adding that Indian laws like the Information Technology Act do
not apply to US firms.

Security and privacy awareness in India is very poor. It would be very useful if both, the
government and civil society were more aggressive in raising awareness and triggering
change in behaviour. Unfortunately, this is a bit like smoking even though people are aware
of the issues, they engage in risky behaviour online. The solution is to make cyber laws
stricter as current law under the IT Act 2000 is a bailable offence with three years
imprisonment and a fine.

CONCLUSION
The IT Act 2000 should to be re-amended to specific provisions pertaining to cyber bullying.
Further, cyber bullying needs to be made a serious offence with minimum five years
imprisonment and a fine of Rs. 10 lakh. Unless you have deterrence in law, it will continue to
be a prevalent offence.

Fortunately, till such time, there safeguards mentioned above can help prevent such acts of
cyber offences. There are views that cyberbullies need counselling, as most bullies are
youngsters. In such a case, a combined effort from the law enforcement agencies, ministries
of Information and communication technology, and health, is required.