CYBER BULLYING : A LEGAL OVERVIEW

This article was written by Raveena Tandon  a student of Lloyd Law College, Greater Noida.

Time is moving forward so is technology, today’s article will be reflect of virtual world which at times affect people in negative ways. I don’t say everything happening on virtual world has bad effects but at times it does create a bad impact on some people.

INTRODUCTION

The roots of social media is way deeper than we have imagined, our impression for social media revolves around Facebook, Instagram, tweeter and such other famous sites, but reality is Technology began to change very rapidly in the 20th Century. After the first super computers were created in the 1940s, scientists and engineers began to develop ways to create networks between those computers, and this would later lead to the birth of the Internet. Previously human resources were the only way to communicate through written letters or oral messages but slowly and gradually technology enhanced with time discovery of telephones and computers took place. Two important discoveries happened in the last decade of the 1800s: The telephone in 1890 and the radio in 1891.

Both technologies are still in use today, although the modern versions are much more sophisticated than their predecessors. Telephone lines and radio signals enabled people to communicate across great distances instantaneously, something that mankind had never experienced before. Same goes with Internet which is making huge impact on everyone’s life from researching, educating, teaching, exposing, explaining, contacting, imposing and supporting almost every aspects of one’s life is left untouched by internet. It is fulfilling all the needs of the generation, who wants to reduce manual work and become more faster and impressive in their lives but, only this is not the case like coin have two faces in same way everything does in life same applies on internet with time technology is enhancing so is increasing no. of cyber bulling cases in society.

REASONABLE RISTRICTION

Concept of reasonable restriction makes great sense in such cases. With due course of time and expanding horizons of Internet several states around the globe came up with strict laws to restrict the misuse of internet. Mostly cyber bullying is the way through which misuse of internet is done. Before getting to prevailing laws in India in context to stop or control misuse of information technology, first let us get into what cyber bullying is?

• You see a comment on your photograph which you posted on tweeter “hey fatso go to gym instead of posing” from a complete stranger.
• In same way some comments for your skin tone, or your vocabulary which you write or post,
• Or someone known to you misuses your photograph or threatens you to do so
• Someone stalking you on your facebook account

Now what does Wikipedia defines “Cyber bullying is the use of information technology to repeatedly harm or harass other people in a deliberate manner. According to U.S. Legal Definitions, Cyber-bullying could be limited to posting rumors or gossips about a person in the internet bringing about hatred in other’s minds; or it may go to the extent of personally identifying victims and publishing materials severely defaming and humiliating them.”

There are so many different definitions to cyber bullying by different writers around the globe. Everyone has defined in their own ways.

CASES ON CYBER BULLYING

Well it is somewhat it is difficult to describe cyber bullying without an example; it’s hard to understand exactly what cyber bullying is and how a cyber bully acts.

• Delhi based Law Student case in the year of 2014

A final year law student has been arrested for allegedly harassing his former classmate by uploading her contact number on a fictitious Facebook account. The boy wanted to teach the girl lesson for turning his proposal down so he used social media as platform to harass the girl.

There are several such unregistered cases where the social media is used as a platform for revenge but land mark case which leads to some changes in information technology act is:

Shreya Singhal Case versus Union Of India 2015

In this particular case 66A of Information Technology Act, 2000 was struck down, judgment by a two-judge bench of the Supreme Court of India in 2015, on the issue of online speech and intermediary liability in India. The Supreme Court struck down Section 66A of the Information Technology Act, 2000, relating to restrictions on online speech, unconstitutional on grounds of violating the freedom of speech guaranteed under Article 19(1)(a) of the Constitution of India. The Court further held that the Section was not saved by virtue of being ‘reasonable restrictions’ on the freedom of speech under Article 19(2). The case was a watershed moment for online free speech in India. Basically the apex court looked into freedom of speech but limited it with reasonable restriction by laying down rules in section. 79 of the act. According to which government have complete control on the aired post which create disturbance in society or is threat to someone.

EFFECTS OF CYBER BULLYING

• Suicide Attempts

The prompt impact of cyber bullying is suicide generally in teenagers or young people but it doesn’t means only this section of people die because of their vulnerability; all other parts of society are also affected bit by bit due to this.

• Depression

Very common and dangerous effect of Cyber bullying is depression which ultimately leads to bad mental health, and push the sufferer to the darkest side of his life which end to mental illness or sometimes to death.

• Alienated from society

Sufferers of cyber bullying generally boycott themselves from the rest of the society and prefer not jellying up with other people due to inherent complex which has been created by the society in them. 

CONCLUSION

Finally let us come to conclusion of the above discussed problems which are faced by the sufferers of cyber bullying, all this can be fought back with strength and believe in his/herself. Some major steps should be taking to overcome or prevent ourselves from lying in such bad scenario; we should be particular and precautious while dealing with our social media portals. Never ever discus or share your details like password, email addresses with anyone. Now comes the solution to get out of this worse situation, first and foremost consult with your elders then make a complaint to nearest police station. There are several laws like Information Technology Act, 2000 which are made to rescue of such situation or I should say take control over the use of Information technology.

ACT SMART SURFF SAFE USE SOCIAL MEDIA RESPONSIBLY AND PREVENT YOURSELF FROM BEING THE VICTIM!!