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What constitutes cyber harassment or cyberbullying under Indian law?

02-May-2024
Cyber Crime

Answer By law4u team

Cyber harassment or cyberbullying in India refers to various forms of online behavior that are intended to intimidate, harass, threaten, or harm individuals or groups using digital platforms. The Information Technology Act, 2000, along with other relevant laws and regulations, addresses cyberbullying and cyber harassment. Here's what constitutes cyber harassment or cyberbullying under Indian law: Online Harassment and Intimidation: Sending threatening, abusive, or derogatory messages, emails, comments, or posts with the intent to harass, intimidate, or emotionally harm a person constitutes cyber harassment. This includes online stalking, repeated harassment through digital communication, or sharing offensive content targeting an individual. Cyberstalking: Monitoring, tracking, or following someone's online activities without their consent and in a manner that causes fear, distress, or psychological harm constitutes cyberstalking. This can involve excessive messaging, unwanted attention, or using digital platforms to intrude into a person's privacy. Cyber Defamation: Publishing false, defamatory, or libelous statements about an individual or entity online with the intent to damage their reputation or credibility constitutes cyber defamation. This includes posting defamatory content on social media, blogs, forums, or other online platforms. Revenge Porn: Sharing, distributing, or posting intimate or explicit images or videos of a person without their consent, often with the intent to humiliate, shame, or blackmail them, constitutes revenge porn. This is a serious form of cyber harassment and violation of privacy. Identity Theft: Using someone's personal information, such as name, photos, or credentials, without authorization to impersonate them, deceive others, or commit fraudulent activities constitutes identity theft. This can lead to financial loss, reputational damage, and emotional distress for the victim. Online Bullying: Engaging in bullying behavior online, including spreading rumors, making derogatory remarks, mocking, or humiliating individuals based on their characteristics such as race, gender, religion, sexual orientation, or disability, constitutes online bullying or cyberbullying. Sextortion: Coercing, blackmailing, or threatening someone into providing sexual images, videos, or favors through online means constitutes sextortion. This is a form of cyber harassment and exploitation that can have serious psychological and legal consequences. Hate Speech: Posting, sharing, or promoting hate speech, discriminatory content, or inciting violence and hostility against individuals or communities based on protected characteristics constitutes cyber harassment. Hate speech can fuel intolerance, discrimination, and social unrest. Under Indian law, these forms of cyber harassment and cyberbullying are addressed through various provisions of the Information Technology Act, 2000, including Section 66A (now repealed), Section 66C (identity theft), Section 66D (cheating by personation using computer resources), Section 67 (publishing or transmitting obscene material in electronic form), Section 67A (publishing or transmitting sexually explicit material), Section 67B (child pornography), and Section 72 (breach of confidentiality and privacy). Additionally, the Indian Penal Code (IPC) and other laws may apply to cyberbullying and harassment cases, including provisions related to defamation (Section 499), stalking (Section 354D), criminal intimidation (Section 503), and extortion (Section 383), among others. It's important for individuals to be aware of their rights and legal protections against cyber harassment and to report such incidents to the appropriate authorities, such as cybercrime cells, law enforcement agencies, or online platforms, for investigation and action. Cyberbullying and cyber harassment can have serious consequences on mental health, well-being, and personal safety, and legal recourse is available to address such offenses.

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