Introduction
The advent of the internet and social media has transformed the way people communicate, express opinions, and connect globally. However, this digital revolution has also given rise to a darker phenomenon—cyberbullying. Unlike traditional bullying, which occurs in physical spaces, cyberbullying happens online through social media, emails, messaging platforms, and other digital channels. It can include harassment, threats, defamation, or spreading false information intended to humiliate or harm an individual. In India, the increasing use of smartphones and easy internet access has made cyberbullying a pressing concern, especially among teenagers, women, and public figures.
Meaning and Forms of Cyberbullying
Cyberbullying refers to the use of electronic communication to harass, intimidate, or harm a person. It includes repeated and intentional actions that cause emotional distress or damage to a person’s reputation. Some common forms include:
1. Online Harassment – Sending abusive, threatening, or vulgar messages repeatedly.
2. Defamation – Posting false or damaging information to harm someone’s reputation.
3. Cyberstalking – Persistently following or monitoring someone’s online activities to intimidate them.
4. Impersonation – Creating fake profiles or accounts to deceive or defame a person.
5. Doxxing – Publicly sharing personal or private information without consent.
6. Outing and Trickery – Sharing someone’s private photos, messages, or secrets to embarrass them.
7. Trolling – Deliberately provoking, mocking, or ridiculing individuals online.
These actions can have serious emotional, psychological, and social consequences for victims, sometimes even leading to depression or suicide.
Cyberbullying in the Indian Context
India’s digital population is among the largest in the world, with millions of users active on platforms like Instagram, X (Twitter), and WhatsApp. Unfortunately, the same connectivity has fueled the spread of online abuse. According to a 2023 report by the National Crime Records Bureau (NCRB), cybercrimes against women and children have increased significantly, with cyberstalking and online harassment ranking among the top categories.
Victims often hesitate to report cyberbullying due to social stigma, lack of awareness, or fear of retaliation. Moreover, cyberbullies often operate anonymously, making it difficult to identify and prosecute them. However, Indian law does recognize cyberbullying as a serious offence and provides several legal remedies.
Legal Provisions against Cyberbullying in India
India does not have a single, dedicated law specifically addressing cyberbullying. However, various provisions under the Information Technology Act, 2000 and the Indian Penal Code (IPC) can be used to combat and punish such offences.
1. Information Technology (IT) Act, 2000
• Section 66A (struck down by the Supreme Court in Shreya Singhal v. Union of India, 2015) earlier dealt with sending offensive messages online. Although this section no longer applies, other provisions continue to offer protection.
• Section 66C – Punishes identity theft, including impersonation and misuse of another person’s digital identity.
• Section 66D – Deals with cheating by personation using computer resources and can be invoked for fake social media accounts.
• Section 67 – Punishes publishing or transmitting obscene or sexually explicit material in electronic form.
• Section 67A – Covers material containing sexually explicit acts, which includes circulation of morphed or private images online.
2. Indian Penal Code (IPC), 1860
• Section 354D (Stalking) – Includes cyberstalking and penalizes anyone who follows, contacts, or monitors a woman’s online activity without consent.
• Section 499 & 500 (Defamation) – Protects individuals from false and damaging statements made online.
• Section 507 (Criminal Intimidation) – Deals with anonymous threats or intimidation through electronic communication.
• Section 509 (Insulting Modesty of a Woman) – Applies to messages or online conduct intended to insult a woman’s dignity.
These laws, when read together, provide a strong legal framework for dealing with cyberbullying incidents.
Judicial Approach and Landmark Cases
Indian courts have consistently recognized the seriousness of online harassment and emphasized the need for accountability in digital spaces.
In Shreya Singhal v. Union of India (2015), the Supreme Court upheld the right to free speech under Article 19(1)(a) but also stressed the need to prevent misuse of online platforms. The judgment led to the repeal of Section 66A of the IT Act, which was being misused to curb legitimate expression.
In State of West Bengal v. Animesh Boxi (2018), a man was convicted for uploading morphed pictures of a woman on Facebook. The court sentenced him to five years’ imprisonment, setting a precedent for strict action against cyber offenders.
Courts have also directed police authorities to take cyber complaints seriously and have encouraged victims to report incidents promptly.
Remedies Available to Victims
Victims of cyberbullying in India have several options to seek justice and protection:
1. Filing a Complaint with the Police – Victims can lodge an FIR at their nearest police station or approach the Cyber Crime Cell of their city. Many states also have dedicated cybercrime portals and helplines.
2. Online Reporting – Complaints can be registered on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in).
3. Approaching the Court – Victims can file civil suits for defamation or damages.
4. Blocking and Reporting – Social media platforms like Instagram, Facebook, and X allow users to report abuse, block offenders, and request removal of offensive content.
5. Legal Aid and Support – Various NGOs and cyberlaw experts offer legal and emotional assistance to victims, especially minors and women.
Preventive Measures and Awareness
While legal remedies are essential, prevention and education play a crucial role in combating cyberbullying. Some preventive steps include:
• Digital Literacy – Schools and colleges should educate students about responsible online behavior.
• Parental Guidance – Parents must monitor online activity and create an open environment for children to discuss online issues.
• Cyber Hygiene – Avoid sharing personal details or sensitive photos online.
• Stronger Platform Policies – Social media companies must enhance algorithms to detect and remove abusive content swiftly.
• Public Awareness Campaigns – Government and civil society initiatives can encourage reporting and reduce stigma around being a victim.
Conclusion
Cyberbullying is not just an online nuisance; it is a serious violation of human dignity and mental well-being. In a country like India, where internet use is rapidly expanding, ensuring digital safety is crucial. Although existing laws provide remedies, there is a growing need for a comprehensive cyberbullying law that specifically addresses online harassment and protects all users, regardless of age or gender.
Ultimately, the fight against cyberbullying requires a combined effort from lawmakers, law enforcement agencies, educational institutions, tech companies, and society at large. As digital citizens, we must strive to create an online environment that upholds respect, empathy, and accountability.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
