What is meant by cyberbullying? What are the provisions available to tackle such cybercrimes in India?
Cyberbullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyberbullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else causing embarrassment or humiliation. Some cyberbullying crosses the line into unlawful or criminal behavior.
The most common places where cyberbullying occurs are:
- Social Media, such as Facebook, Instagram, Snapchat, and Tik Tok
- Text messaging and messaging apps on mobile or tablet devices
- Instant messaging, direct messaging, and online chatting over the internet
- Online forums, chat rooms, and message boards, such as Reddit
- Online gaming communities
Impact of cyberbullying
- Because cyberbullying occurs in cyberspace, online bullying feels permanent. Kids know that once something is out there, it will always be out there. They can feel exposed, embarrassed, and overwhelmed.
- Victims of cyberbullying may succumb to anxiety, depression, and other stress-related conditions. The added stress of coping with cyberbullying on a regular basis can steal their feelings of happiness and contentment. It also can increase feelings of worry and isolation.
- Cyberbullying often zeros in on what already makes victims feel most vulnerable. For example, maybe a child who feels insecure about a birthmark ends up being bullied about just that.
- In addition to feeling distressed, they also may feel embarrassed, hurt, and even fear for their safety. They may even blame themselves for the cyberbullying.
- Exposure of tender age:
- In India, an estimated 71 million children aged 5-11 years access the Internet on the devices of their family members, constituting about 14% of the country’s active Internet user base of over 500 million.
- It should also be noted that two-thirds of Internet users in India are in the age group of 12-29 years.
- Rise in cyber-bullying:
- School closures as a response to the COVID-19 lockdowns have led to an unprecedented rise in unsupervised screen time for children and young people, which in turn exposed them to a greater risk of online violence.
- Various reports have indicated increased incidence of cyberbullying and online child sexual exploitation by adults.
- Impact on health and education:
- Published in 2019, UNESCO’s report ‘Behind the numbers: Ending school violence and bullying’ highlighted the extent of the problem, with almost one in three students worldwide reporting being bullied at least once in the preceding month.
- There is growing scientific evidence which suggests that cyberbullying has negative consequences on the education, health and well-being of children and young people.
- Data on school bullying demonstrates its harmful impacts on students’ educational outcomes, mental health, and quality of life.
- Children who are frequently bullied are nearly three times more likely to feel left out at school than those who are not.
- They are also twice more likely to miss out on school and have a higher tendency to leave formal education after finishing secondary school.
- Women at higher risk:
- A 2020 study by Plan International, revealed that 58% of girls in the Asia-Pacific region reported online harassment.
- Globally, of the girls who were harassed, 14% who self-identified as having a disability and 37% who identified themselves as from an ethnic minority said they get harassed because of it.
Laws in India
- The term cyber bullying is neither mentioned in the Information Technology act 2000 nor in the Protection of Children from Sexual Offences (POCSO) Act, 2012. But there are certain provisions that tackle the problem of the same kind as that of cyber bullying
- Anti-ragging law: The Indian Penal Code and the UGC Regulations On Curbing The Threat Of Ragging In Higher Educational Institutions, 2009 keep a check on the practise of ragging in India.
- If a person intimidates or threatens another person, or if someone threatens another person by producing a video to become viral solely to smear someone’s name, it is also an act of cyber bullying that is punishable under the Indian Penal Code (IPC).
- If a person commits identity theft, the crime is covered under the IT Act.
- All of these are punished by up to three years in jail and a fine.
Sections of Indian Penal Code:
- 66A – Sending offensive messages through commuunication service, etc.
- 66C – Identity Theft.
- 66D – Cheating by personation by using the computer resource.
- 66E – Violation of privacy.
- 67B – Punishment for publishing or transmitting of material depicting children in any sexually explicit act, etc. in electronic form.
- 72 – Breach of confidentiality and privacy.
- 503 – Sending threatening messages through email.
- 509 – Word, gesture or act intended to insult the modesty of a woman.
- 499 – Sending defamatory messages through email.
- Sec .500 – Email Abuse.
WAYFORWARD
- At a time when COVID-19 lockdowns have resulted in online bullying, there is a need to redouble our efforts to tackle this menace.
- There is a need for cyberbullying prevention interventions, which should aim at tackling all types of bullying and victimisation experiences at the same time, as opposed to each in silo.
- Effective interventions also require gender-sensitive and targeted approaches that respond to needs of learners who are most likely to be the victims of online violence.
- Although online violence is not limited to school premises, the education system plays a crucial role in addressing online safety.
- Concerted efforts must be made to provide children and young people with the knowledge and skills to identify online violence so that they can protect themselves from its different forms, whether perpetrated by peers or adults.
- Teachers also play a critical role by teaching students about online safety, and thus supporting parental involvement.
- For those looking to prevent and counter cyberbullying, the information booklet brought out by UNESCO in partnership with NCERT on Safe Online Learning in Times of COVID-19 can be a useful reference.
- Similarly, to prevent the adverse effect of online gaming and the psycho-emotional stress that children could be undergoing, the Department of School Education and Literacy has circulated exhaustive guidelines to raise children and parental awareness.
- Cyberbullying may take place in a virtual world, but it has a very real impact on the victim’s health. Hence, it is imperative that digital and social media platforms are free of cyberbullying and learners have access to quality education.
How to structure
- Give an intro about cyberbullying
- Explain the effect of it- especially on vulnerable sections like women, children
- Mention the provisions available to tackle it- Schemes/Programs/ IPC sections etc
- Suggest way forward
Reference:
- https://www.thehindu.com/news/national/explained-can-online-bullying-of-women-be-punished/article38194859.ece