Cyberbullying and Social Media Laws: Is India Doing Enough?

Introduction
In the era of social media, influencers, Artificial Intelligence, and the rapid growth of internet
users, Cyberbullying takes place as a threat to Generation Z. Cyberbullying was first defined
by a Canadian named Bill Belsey. The National Crime Prevention Council defines
cyberbullying as “the process of using the Internet, cell phone, or other devices to send or
post text or images with the intention to hurt or embarrass another person.”

Cyberbullying is the act of sending, posting, sharing harmful or false or mean content, and
commenting disrespectfully about someone else or on someone else's post. It can include
sharing personal or confidential information about someone else without their consent, which
may cause embarrassment or humiliation. Most of the children are both offenders as well as
victims of cyberbullying; their modes are social media (Facebook, Instagram, WhatsApp,
etc), they intimidate, harass, or harm others by targeting the victim anonymously without
limitations. Reports and studies show that a considerable number of children and adolescents
have experienced cyberbullying, which leads to frequent cyberbullying cases. Victims suffer
psychologically from the effects of cyberbullying, such as stress, anxiety, depression, and low
self-esteem.

Although the rate of cyberbullying is increasing day by day in India, there are some sections
of the Information Technology Act 2000 and the IPC that deal with the punishment related to
cyberbullying. The government has also initiated online websites and helplines for women
and children to register complaints regarding cyberbullying and to get assistance online.
There are cybercrime branches, such as cyber police stations, across India.

Legal provisions in India against cyberbullying

In the Information Technology Act 2000, under section 66A deals with the punishment for
sending messages or emails that are harmful or abusive through the Internet or any other
platform. The messages are sent to cause mental distress, injury, stress, depression, and
inconvenience to the victim. That information that is false and shared related to any
individual is punishable under these provisions. Punishment under this section is 3 years of
imprisonment if the message was found offensive; however, this provision was declared
unconstitutional by the Supreme Court related to the case Shreya Singhal in 2015, as it
violated the freedom of speech Article 19(1)(a).

Under section 66C they the IT Act 2000 deals with the punishment for using an electronic
signature, password, or any other identification feature of any other person dishonestly or
fraudulently. The offender is punishable under these provisions up to 3 years of imprisonment
or a fine up to ₹1,00,000 or both for identity theft.

If an individual who cheats by impersonation using any social media or communication

In 2008, a new amendment to the Information Technology Act was added, section 66E. It
reduces the gender bias that was made in section 354 of the Indian Penal Code 1860. This
provision protects both men and women. Under this section, it is mentioned that it will be a
punishable offence to capture any video, image, film or record through any means publish
that is available to the public or to transmit any image film or video recorded that has been
sent in such a way that it can be viewed by person or persons without the consent of the
person violating his or her privacy. This section covers two circumstances that would amount
to a violation of the privacy of that person.

Sections 67 and 67A of the Information Technology Act 2000 deal week t transmitting
obscene material which tends to corrupt people to read here and see the material, it would be
considered an offence, and any material which contains sexually explicit content or acts
would be considered an offence. The punishment is up to 3 years and ₹5,00,000 fine, it may
extend up to 5 years or ₹10,00,000 fine, 5 years of imprisonment, which extends up to 7
years with ₹10,00,000 fine respectively.

As per Indian Penal Code Sections 292A, 354C, 354D, 499, 507, and 509, which deal with
the offences related to social media or any media which is causing cyberbullying, impose
punishment on the offenders.
Measures taken by the Indian government to prevent cybercrime.

Cybercrime prevention against women and children scheme (CCPWC): There are various
units established to analyse cybercrime reports and investigations related to cybercrimes.
Their objective is to report cyberbullying and aim to prevent cybercrime under de assistance
of the scheme, offences against women and children such as child pornography, sexual abuse
material, and sexually explicit material like rape and gang rape contents in the social media or
transmit through any media. It facilitates the victims' complaint to report cybercrime
complaints online in either anonymous mode or report-to-track mode.

Indian Cybercrime Coordination Centre Scheme: This scheme focuses on women and
children victims facing issues on online media. Its objective is to deal with all kinds of
cybercrime and spread awareness among the youth about cybercrime.

The Nirbhaya fund scheme: The government has set up this scheme for the safety and
security of women and children. The Ministry of Home Affairs has also generated a single
number for emergencies.

The Effects of Cyberbullying

Any person or individual, whether he or she is a child or an adult, who faces cyberbullying
can affect their life in several ways. Studies have shown that either the target or the
perpetrator of cyberbullying had a higher risk of symptoms of depression and anxiety; it may
harm the person mentally and emotionally.

There are chances that a victim may commit suicide due to the harassment and humiliation
they face due to cyberbullying. There is a lot of mental agony and pain, he or she remains
mentally disturbed, and many times starts hiding things, the fear of losing reputation and
respect changes his or her behaviour towards he is family members are the common
symptoms.
How can it be prevented?

All parents or guardians must check their child's online activities so that the problem of
cyberbullying can be prevented at the root. The parents should give awareness to the children
about the usage of online applications that are useful for their education and applications that
are not useful for their childhood. They should engage in offline activities and strictly avoid
social media. The parents must notice the changes in the child's behaviour, such as non-
interaction with the family, deactivation of any social media accounts, hiding things, or
avoiding discussion, showing symptoms of depression, etc. They must investigate with whom
the child is involved, and socialising is doing any wrongful act under the influence of others.

By any chance the symptoms are there in a child's behaviour, the parents must take initiative
action against the activity with the child and day suit start a pleasant conversation with the
victim and assure that nobody can cause any harm.

Enough proof should be taken, either through a screenshot or any other method, and a proper
record should be maintained of the bully. Bullies should be reported immediately with the
assistance of the government, and guidelines and platforms given by the government online,
or can register a complaint at the nearest police station in case the victim receives threats
regarding cybercrime.

Conclusion

Our new generation is facing cyberbullying at a higher rate. The use of the Internet is
increasing, as well as the cases of cybercrime. Due to which the growth of our youth is
affected. There are no strict laws that punish bullies; it is the responsibility of the lawmakers
to pay attention to it. The government must organise awareness programs so that the parents
and teachers can easily identify the issues with their children and the problems related to
technology or social media. They must support the victim and send the offender to
rehabilitation, not to commit any offence related to any kind of crime, help them to recover
from it, and lead a healthy life.