This blog is inscribed by Anupama Vernekar
Introduction
Bullying is described as repeated aggressive and intentional behavior shown by a person in a position of power towards one who is not in a position to defend himself. Such behavior hurts the self-image and the emotional health of the victim. It is usually perpetrated in two forms:
1. Physical bullying –
When the aggressor hurts the victim physically. Here, the point of contact between aggressor and victim is physical.
2. Cyberbullying –
In cyberbullying, the aggressor uses digital platforms to target the victim and exploit him.
These days, we are witnessing an alarming rise in cases of cyber bullying. It is now one of the most common reasons for suicide among children and young adults alike. According to a 2018 survey conducted by the Ministry of Education[1], 10.8 % of students studying in primary and secondary schools reported to being a victim of cyber bullying. Thus, it is important to keep cyber spaces in check, to prevent such young children from losing their life.
Cyberbullying while COVID-19 Crisis
Cyber Bullying crimes while the nation deals with the pandemic are being recorded in increasing numbers on day to day basis. The most troubling of them are:[2]
Harassment: It affects both men and women equally. For women, cyberbullying is in the form of rape and death threats and severe character assassination whereas for the men, it is in form of bodily harm, misusing private information and sexual advantages.
During the lockdown, a famous actor Sushant Singh Rajput was found dead in his apartment in mysterious circumstances. A CBI investigation is being conducted, to look into the matter. In the interim, the public and media houses started formulating theories about his death and accused his girlfriend of abetment to suicide and siphoning off of funds. The accused received rape and death threats on a regular basis. There was a trial by media, where her name was taken in a negative light, such that people would be prejudiced against her. This affected her mental health severely, also lowered her position in society. Innocent until proven guilty is the basic founding principle of criminal law which has been repeatedly violated.
· Trolling: Trolling is when a bully will seek out to intentionally upset others, by posting inflammatory comments online. During the Covid-19 Pandemic, adolescents were prone to use cyberspaces for personal and educational purposes, this increased the risk of being a victim of cyberbullying was high. [3]
Cyberbullying in the pandemic took an unfortunate racist turn, raising anti-Chinese sentiments. A reporter from south Korea described her friend’s cyberbullying experience during the Covid-19 crisis. She reported that her friend was a vlogger on YouTube and had, at an earlier occasion, talked about her mother’s support of the President’s political ideology and working. When asked about it on a Livestream, she too concurred with her mother’s opinion. As a consequence of the same, she started getting hate comments such as “you are just a Chinese mouthpiece,” and “the only good Chinese is a dead Chinese.” One commenter then posted a link, to a picture of her and her ex-boyfriend, who happened to be a Chinese national. She was shocked by this blatant intrusion into her past. She tried, at first, to diplomatically disengage the conversation but the chat quickly devolved into a series of sexually and racially-charged comments, prompting her to ban the offenders.
Anti- Cyberbullying laws in India
Some Indian laws that safeguard the interest of the victim are:
1) Information Technology Act, 2000
-Section 66 (c): Theft of identity
-Section 66 (d): Cheating by personation using computer resource
-Section 66 (e): Violation of Privacy
-Section 67 (b): Punishment for electronically transmitting any material depicting children in a sexual act.
2) The Indian Penal Code, 1872
- Section 503: Sending threatening messages through E-mail
- Section 509: Word gesture or act intended to outrage the modesty of a woman
- Section 499: Sending Defamatory messages through E-mail
The Strongest Cyberbullying Laws Around the World
UK: Under the Malicious communications act, cyberbullying is punishable with 6 months of jail and a hefty fine
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USA (Maryland): Under Grace’s law, cyberbullies are charged with misdemeanor, a prison sentence and a $500 fine. In 2019, Grace’s law 2.0 was passed, which has harsher punishments
Canada: Under the Education Act, those individuals that engage in Cyber bullying would face suspension. Repeated acts of bullying may cause a person to end up in jail.
This brings to our notice that India’s anti-cyberbullying laws should be immediately amended and must be brought in par with these exceptional laws of foreign countries.
Government measures in times of Covid-19
Data and statistics have highlighted that lockdown and increased use of internet has amplified the risk of cyber bullying and the people are more vulnerable to cyberbullying and online discrimination. To address such concerns, the NCERT and UNESCO developed an information booklet titled ‘Safe online learning in times of Covid 19’. It is made to provide guidelines, the do’s and don’ts in circumstances where one is cyberbullied. [4]
Conclusion
The main reason why India’s rank is high in terms of Cyberbullying related crimes is because there is still no separate and specific legislation dealing with Cyberbullying in India. Trial by media also results in cyberbullying and must be immediately stopped as their actions indirectly result in the spread of hatred and prejudice in the community.
[1] All India Survey on Higher Education, https://www.mhrd.gov.in/sites/upload_files/mhrd/files/statistics-new/AISHE%20Final%20Report%202018-19.pdf [2] 10 Types of Cyberbullying, https://blog.securly.com/2018/10/04/the-10-types-of-cyberbullying/ [3] The Diplomat, Author: Justin Fendos, April 1st 2020; https://thediplomat.com/2020/04/south-korea-cyberbullying-amid-coronavirus/ [4] UNESCO [Article] 2nd June 2020. https://en.unesco.org/news/mhrd-ncert-and-unesco-bring-attention-counter-cyberbullying