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Cyberbullying and Legal Remedies
Cyberbullying and Legal Remedies
ABSTRACT
Cyberbullying, a persistent phenomenon in the digital era, has grown in popularity in India,
as it has internationally. This article goes into the many facets of cyberbullying, from its
definitions and many manifestations to the devastating impact it has on victims. It
investigates the difficulties in fighting cyberbullying, such as anonymity, jurisdictional
concerns, and inadequate reporting. The warning signs of cyberbullying are highlighted to
assist parents and guardians in protecting their children online. The Indian legal framework
is thoroughly explored, including laws in the Information Technology Act and the Indian
Penal Code. Analyzing recent amendments and government initiatives to combat
cyberbullying demonstrates India's dedication to combating this digital threat. Case studies
illustrate real-world examples of the devastation caused by cyberbullying, underlining the
importance of taking action. The conclusion underlines the importance of ongoing efforts
to raise awareness, improve legal remedies, and promote digital literacy in order to build a
safer online environment for everybody. To safeguard people from harassment and harm in
the digital age, government bodies, non-governmental organizations, educational
institutions, and technological platforms must work together in the continuous battle
against cyberbullying. India's progress in combating cyberbullying serves as a model for
other nations facing similar challenges.
INTRODUCTION
In our contemporary world, the internet has integrated and seamlessly woven itself into the
fabric of our daily lives. It is, however, a double-edged sword, with users constantly
assessing and balancing the risks and benefits it provides. On one hand, the Internet has
made the world a smaller place with opportunities for those with limited resources to
thrive, while also raising awareness of important socio-political movements and serving as
a platform for fundraising for many noble causes; on the other hand, it has exposed
vulnerable people to a deep and dark world of the web and bullying while sitting safely in
their homes. Cyberbullying is a soaring global issue, and India is no exception to this
phenomenon. With the rise of social media platforms and the accessibility of online
contact, cyberbullying has evolved into a major issue impacting people of all ages, with
adolescents and young adults being particularly vulnerable.
UNDERSTANDING CYBERBULLYING
Cyberbullying encompasses the use of digital communication tools, including social media,
email, instant messaging, or text messages, to harass, threaten, or intimidate others.
Cyberbullying, unlike traditional bullying, transcends physical boundaries, manifesting
itself in the virtual world, making it a challenge to escape. Cyberbullying takes on
numerous forms, including:
9. Trickery: Cyberbullies befriend victims, gaining trust. They later exploit this trust to
publicly release sensitive information, causing humiliation and harm.
10. Dissing: It involves spreading harmful information about the victim to tarnish their
reputation or relationships through public posts or private messages.
11. Fraping: Breaking into someone’s social media accounts or even creating a fake
profile under their name to impersonate them and posting harmful content to humiliate
or damage the victim's reputation.
Online gaming is becoming increasingly popular among young adults as a good source of
amusement, but it has also been identified as a leading cause of bullying. Hence, online
games have resulted in increased hostility, violence, conflicts, emotional pain, mental
torment, and physical arousals where family and community can act as an inevitable source
to prevent internet addiction and promote mental health.1
Cyberbullying can occur for a variety of reasons, including hatred, envy, insecurity, and
others. It occurs on online platforms in many formats, such as text or email, in various
manners, such as commenting on someone's social media post or video in a negative,
threatening manner, which harms the feelings of the person about whom they are written. It
may also happen when someone demeans, publishes, or posts something derogatory, which
can be audio/video/posting. All of such issues that are posted online are classified as
cyberbullying. There are numerous online platforms where such hate and negativity is
spread, including Instagram, WhatsApp, Snapchat, WeChat and X.
Cyberbullying typically begins at the age of adolescence when the child is exposed to the
internet. Usually, children fail to recognize that what they are experiencing and enduring is
a type of bullying. People mistake it for the freedom of speech and expression guaranteed
under the Indian Constitution's Fundamental Rights. Although it is true that everyone has
the freedom to speak but everything has certain restrictions. Accordingly, one may only use
1
Huang, J., Zhong, Z., Zhang, H., & Li, L. (2021). Cyberbullying in social media and online games among
Chinese college students and its associated factors. International Journal of Environmental Research and Public
Health, 18, 4819. https://doi.org/10.3390/ijerph18094819
2
Watts, L. K., Wagner, J., Velasquez, B., & Behrens, P. I. (2017). Cyberbullying in higher education: A
literature review. Computers in Human Behavior, 69, 268–274. https://doi.org/10.1016/j.chb.2016.12.038
this fundamental right to the extent that they do not violate the dignity of any other person,
whether a known or somebody unknown. Every person has the human right to live his or
her life with dignity and in the manner in which he or she chooses, which is also
guaranteed by the Constitution of India as a fundamental right. People frequently fail to
recognize the other person’s dignity and end up bullying them. Although the right to free
speech and expression should be publicly available to safeguard online freedom, it cannot
be disputed that granting absolute freedom will result in the proliferation of cyberbullying,
inflammatory statements, and hate speech culminating in bodily harm to any person. The
once safe environment of the internet is now gradually turning into a source of fear and
bewilderment due such a negative atmosphere. As a result, it has grown into a significant
issue that needs to be addressed, and put to end.
3
John A, Glendenning AC, Marchant A, et al. Self-harm, suicidal behaviours, and cyberbullying in children and
young people: systematic review. J Med Internet Res. 2018
4
Nixon CL. Current perspectives: the impact of cyberbullying on adolescent health. Adolesc Health Med Ther.
2014;5:143-158. Published 2014 Aug 1. doi:10.2147/AHMT.S36456
When cyberbullying takes place, the offensive posts, messages, or texts can
be distributed widely. The sheer volume of people that know about the
bullying can lead to intense feelings of humiliation.5
b. Isolation
Children who are the victims of cyberbullying may experience exclusion
and ostracization at school. Consequently, they often feel alone and
isolated.6 This can be an especially unpleasant experience since friends are
very essential at this age. When children lack friends, it may result in even
more bullying.
When cyberbullying occurs, parents may advise shutting down the computer
or turning off the phone. However, for many children, these devices are the
primary means of communication. Turning them off means disconnecting
them from their surroundings, which can cause them feel more isolated.
c. Powerlessness
It might be challenging for cyberbullying victims to feel secure. They may
feel powerless and vulnerable. These emotions usually develop because
bullying can penetrate their home at any time of day or night via a computer
or mobile phone. They no longer have a safe haven to flee to.
Furthermore, given that the bullies can stay anonymous, this understanding
might increase fears.7 Even though some cyberbullies pick people they
know and have no issue identifying themselves, sometimes the individuals
who are targeted may not know who is causing them misery.
They might stop taking interest in activities they once found enjoyable and spend
less time connecting with friends and family. Depression and suicidal thoughts may
manifest in some conditions. Cyberbullying may have the following mental effects:
5
Ibid.
6
Ibid.
7
Ibid.
8
Ibid.
a. Depression and Anxiety
Victims of cyberbullying may develop anxiety, depression, and other stress-
related disorders. The additional burden of dealing with cyberbullying on a
daily basis might cost their happiness and serenity. It can also heighten
feelings of worry and isolation.
b. Low Self-Esteem
Cyberbullying frequently focuses on the areas where victims already feel
most exposed. For instance, a child who is self-conscious about a birthmark
may be bullied because of it.
Even if this is not the case, cyberbullying can have a negative influence on
self-esteem. Victims may develop a strong discontent with themselves. As a
result, people may begin to mistrust their own value and worth.
c. Academic Issues
Children who experience cyberbullying may become disinterested in school.
As a result, they frequently have significantly higher rates of absenteeism
than the non-bullied kids. They may miss school to avoid confrontation with
the kids who are cyberbullying them, or because they may be ashamed and
humiliated by the remarks that were published online.11
Their ability to focus or study may deteriorate, affecting their grades. In rare
situations, children may drop out or lose interest in pursuing their education
9
Ibid.
10
Extremera N, Quintana-Orts C, Mérida-López S, Rey L. Cyberbullying victimization, self-esteem and suicidal
ideation in adolescence: does emotional intelligence play a buffering role? Front Psychol. 2018
11
Vaillancourt T, Faris R, Mishna F. Cyberbullying in children and youth: implications for health and clinical
practice. Can J Psychiatry. 2017;62(6):368-373. doi:10.1177/0706743716684791
after high school.
The risk of suicide is also increased by cyberbullying. Kids who are bullied
by their peers via text messages, instant messaging, social media, or apps
frequently start to believe that there is no hope and that the only way to get
rid of the agony is to commit suicide. 13 As a result, they may fantasize about
ending their life in order to escape their misery.14
a. Using drugs or alcohol: Children who are victims of cyberbulling are more
prone to consume drugs or alcohol. According to a study, victims of
cyberbullying were 2.5 times more likely to use marijuana or binge drink as
compared to their peers.16
Overwhelm and stress can appear physically, causing problems such as:18
It's crucial to consult your child's doctor if you observe any changes in your child's
eating or sleeping patterns or if they seem to be having more physical problems
than usual. These might be indications of more serious problems that need to be
examined.
17
Ybarra ML, Diener-West M, Leaf PJ. Examining the overlap in internet harassment and school bullying:
implications for school intervention. J Adolesc Health. 2007 Dec;41(6 Suppl 1):S42-50.
doi:10.1016/j.jadohealth.2007.09.004
18
Nixon CL. Current perspectives: the impact of cyberbullying on adolescent health. Adolesc Health Med Ther.
2014;5:143-158. Published 2014 Aug 1. doi:10.2147/AHMT.S36456
19
Ibid.
20
Marco JH, Tormo-Irun MP. Cyber victimization is associated with eating disorder psychopathology in
adolescents. Front Psychol. 2018;9:987. Published 2018 Jun 14. doi:10.3389/fpsyg.2018.00987
21
Nixon CL. Current perspectives: the impact of cyberbullying on adolescent health. Adolesc Health Med Ther.
2014;5:143-158. Published 2014 Aug 1. doi:10.2147/AHMT.S36456
Furthermore, cyberbullying can also be detrimental to one's relationships, self-esteem, and
reputation. Its negative impacts are especially severe for young people who are more active
in online platforms.
2. Delayed Legal Processes: Delays in the Indian legal system frequently hurt
victims' chances of receiving justice. To ensure that cases of cyberbullying are
quickly resolved, swift and effective legal procedures are necessary.
Some of the warning signs that the parents need to pay an attention to are as follows:
b. Exhibiting negative emotions such as anger or rage while using on their device.
d. Closing or hiding the device’s screen when others are too close.
f. Displaying disregard for social events, get-togethers, and other outdoor activities.
Therefore, it is necessary for the parents to be careful and detect the above, among other,
warning signs. And for this, the parents need to be educated through every means possible.
Despite the fact that there are anti-cyberbullying laws in place, just a few victims disclose
cases of cyberbullying. The vast majority prefers to remain silent, hoping that the situation
will improve on its own.
There are a few crucial problems that policy-makers need to take into account if they want to change
people's mindsets. For instance, the policy-makers could develop policies that are child-friendly and
32
Ibid.
33
Ibid.
34
Ibid.
35
Ibid.
36
Ibid.
explain why cyberbullying is harmful to both society and children.
Furthermore, it is crucial to clarify the academic or legal concept of bullying as well. Dr. K.
Jaishankar, a distinguished criminologist, defines cyberbullying in his book 'Cyber Bullying:
Profile and Policy Guidelines' as "abuse/harassment by teasing or insulting the victims' body
shape, intellect, family background, dress sense, mother tongue, place of origin, attitude,
race, caste, or class using modern telecommunication networks such as mobile phones and
Internet."
CASE STUDIES
In Q3 2023, around 64.5% of the world's population, i.e., 5.19 billion people, used social
media, portraying an annual growth rate of 2%. 37 As the number of users grows, so does
cyberbullying; as per a UNICEF poll, more than 33% of youth in 30 countries globally are
victims of online bullying.38 Furthermore, it has been observed that 1 in every 5 students
has avoided school owing to fear of cyberbullying and assault. 52,974 instances of
cybercrime were recorded in India in 2021, according to NCRB.
37
Digital Around the World. (2023) available at Digital Around the World — DataReportal – Global Digital
Insights (Last Visited on 1 October, 2023)
38
UNICEF. (2020). available at Cyberbullying: What is it and how to stop it | UNICEF
Let's examine some prominent case studies to shed light on the impact of cyberbullying in
the real-world:
2. Woman kills self over ‘WhatsApp bullying' (2018): In January 2018, a 20-year-
old Hindu woman committed suicide in Karnataka after being harassed on
WhatsApp over her friendship with a Muslim man.40
3. Bois Locker Room (2020): The "Bois Locker Room" case involved a group of
Delhi male students, primarily teenagers, creating a private Instagram chatroom in
May 2020 to share explicit photos of girls without their consent and engage in
discussions objectifying them. The incident sparked outrage and highlighted issues
of cyberbullying, online harassment, privacy, toxic masculinity, and gender-based
violence. It led to investigations, arrests, and discussions about the need for digital
literacy and gender sensitivity education among youth in India. The incident
highlighted the importance of better digital education, addressing toxic masculinity
and fostering respect for gender equality in society.41
Girl kills self over ‘Facebook Harassment’ (2014): On 26 June 2014, a 17-years-
old girl committed suicide after her online friend Faisal Imam Khan, a 23-year-old
college student, along with his friends Satish and Deepak, prepared a fake profile
of the girl, morphed her photos and posted them on Facebook along with her cell
phone number saying she was ‘seeking friends’ and was ‘open to relationship’.42
4. The Priyanka Reddy Case (2019): The brutal rape and murder of Dr. Priyanka
Reddy in Hyderabad shocked the nation. Cyberbullies, on the other hand, exploited
the tragedy to promote false information, victim-blaming, and offensive content. The
39
“MBBS Student Commits Suicide In Kerala, Facebook Post Hints At Cyber Bullying” available at MBBS
Student Commits Suicide in Kerala, Facebook Post Hints at Cyber Bullying | India.com (Last Modified 16
November, 2017)
40
“India woman kills self over WhatsApp bullying” available at India woman kills self 'over WhatsApp
bullying' - BBC News (Last Modified 9 January, 2018)
41
“Delhi Police arrests Instagram group admin in 'bois locker room' case; 27 other members identified”
available at Delhi Police arrests Instagram group admin in 'bois locker room' case; 27 other members identified-
India News , Firstpost (Last Modified 6 May, 2020)
42
“Girl kills self over Facebook harassment” available at Girl kills self over Facebook harassment | Kolkata
News - Times of India (indiatimes.com) (Last Modified 26 June, 2014)
instance exposed insensitivity some people on social media and sparked debate about
ethical online behavior during such sensitive incidents.
5. The Blue Whale Challenge: The Blue Whale Challenge was a disturbing online
phenomenon that emerged in 2016. It involved a series of tasks administered by
anonymous "curators" to vulnerable individuals, typically teenagers, over a 50-day
period. These tasks escalated in severity, culminating in a final challenge to commit
self-harm or suicide. Participants were often subjected to emotional manipulation
and threats by the curators. They were made to believe that their personal
information or secrets would be exposed if they didn't complete the tasks. The
game led to a number of reported suicides worldwide, raising concerns about online
safety and the influence of social media on young people. Authorities worldwide
launched awareness campaigns and investigations to combat the game, emphasizing
the importance of digital safety and mental health support for young people.43
CONCLUSION
Cyberbullying is a growing concern in India, as it is in numerous other parts of the globe.
The easy to use of digital communication and the cloak of anonymity it provides make it an
effective instrument for harassment and intimidation. Nonetheless, India has made
significant progress in combating cyberbullying through legal remedies, amendments to
existing legislation, and public awareness campaigns. To effectively combat cyberbullying,
it is critical to consistently raise awareness about cyberbullying laws and provide
continuous support to the victims. Additionally, Law enforcement agencies must also be
properly trained and equipped to handle cyberbullying cases quickly and effectively. In
order to create a safer online environment for everyone, collaboration between the
government bodies, non-government organizations, educational institutions, and
technology platforms is essential. In the digital era, the war against cyberbullying is
perpetual, necessitating a collective effort to ensure that people may enjoy the benefits of
the internet without fear of harassment or harm. India can continue making progress in
combating cyberbullying and safeguarding its citizens online by strengthening legislative
frameworks, promoting digital literacy, and cultivating a culture of online respect and
accountability.
43
“Blue Whale: What is the truth behind an online 'suicide challenge'?” available at Blue Whale: What is the
truth behind an online 'suicide challenge'? - BBC News (Last Modified 13 January, 2019)