Gender and Internet : Web magazine for Cyber law for women News update for October 10- October 27th, 2020

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Row over Plus size black female model’s photo of self ‘body celebration’ gets deleted after Instagram removes it understanding it as a porn content. Facebook and Instagram are now up to amend nudity policy after understanding the plus size model’s explanations.
https://www.theguardian.com/technology/2020/oct/25/instagram-row-over-plus-size-model-forces-change-to-nudity-policy#:~:text=Instagram%20row%20over%20plus%2Dsize%20model%20forces%20change%20to%20nudity%20policy,-Facebook%20amends%20code&text=As%20campaigning%20victories%20go%2C%20forcing,policy%20is%20no%20small%20feat.

Man sends threatening messages to several while on divorce proceedings: federal prosecutors accuse him and charge of cyber stalking in USA.
https://toronto.citynews.ca/2020/10/23/kushner-friend-charged-with-cyberstalking-during-divorce/

Video of former high court judge of India making threats to female family members of other judges and a woman judge surfaces on WhatsApp and YouTube. Women lawyers urge Chief Justice of India to take action against the former judge.
https://www.theleaflet.in/women-lawyers-ask-cji-to-direct-removal-of-video-where-former-justice-karnan-makes-threats-of-sexual-assault-chennai-bar/#

Thailand plans to initiate legal action against internet giants including Facebook and google for not removing contents inspite of notifications from government.
https://telecom.economictimes.indiatimes.com/news/thailand-to-start-legal-action-vs-facebook-google-twitter-over-content/78280210

Florida man accused and charged for cyber sexual harassment, voyeurism, cyber stalking woman. The man reported harass his victim because she was ignoring his calls.
https://www.tcpalm.com/story/news/crime/martin-county/2020/10/26/man-accused-video-voyeurism-stalking-sexual-cyber-harassment/6044429002/

woman lodges complaint to police in Gujarat, India against sextorion and threat for revenge porn against ex boyfriend. Man in turn moves high-court to quash the FIR as malicious.
https://timesofindia.indiatimes.com/city/ahmedabad/love-goes-sour-man-moves-gujarat-hc-seeking-rs-50000-spent-on-dating-back/articleshow/78713044.cms?fbclid=IwAR2fjPtD4MR1jajtyeHBYJ9–M2vBfmF3pqHa8GezKzlDg3f4NT3HMbCJdA

Man poses as popular actor to allure teens for porn racket: gets arrested under various provisions of POCSO Act in India.
https://m.timesofindia.com/city/chennai/when-play-turns-to-misdeeds-for-young/amp_articleshow/78798883.cms?fbclid=IwAR2zC-9DWYBSD02hYTsd50fACweuYNwBNo-mBbgyy8nfk6Uj4G1ECjGciNk

Gender and Internet : Web magazine for Cyber law for women News update for September 21- October 10th, 2020

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Cricket players minor daughter gets rape threat over poor performance of the father.
https://www.dnaindia.com/analysis/column-ms-dhoni-s-daughter-gets-rape-threats-after-dream-11-ipl-2020-loss-rigorous-imprisonment-strict-punishment-the-only-way-to-curb-this-menace-2848806

Website designer held not liable for developing website meant for soliciting customers for prostitution because he was engaged in designing by contract.
https://www.livelaw.in/news-updates/karnataka-hc-quashes-criminal-case-against-website-designer-163581?fbclid=IwAR1hrk39pDDJW_KEb_eOGFA-InJHB81TGg6V2L0x-65jVhk5Emztyxl1eCY

Facebook moves Supreme Court of India to challenge Delhi Assembly’s jurisdiction to summon its officials : stand of the social media company becomes more strong to challenge the government orders
https://www.hindustantimes.com/india-news/facebook-moves-sc-challenging-delhi-assembly-s-jurisdiction-to-summon-its-officials/story-P8pGYAp3UDJCuqpL0bQtCP.html?fbclid=IwAR0pj_FieeLt71Tigj4onab2swcavM1Ty3SYF_4iZFUOljqDkyuqFp5wWfI

Recent international survey suggests online abuse of women and girls have not taken a back seat inspite of new legislations and increase in awareness campaigns.
https://www.theguardian.com/global-development/2020/oct/05/most-girls-and-young-women-have-experienced-abuse-online-report-finds?fbclid=IwAR0mD3fBK84AFvBGz-Ix64_vKw_m5TGq-hdBegaHn9GTqxOI_ZAb1oWmK8I

Key leader of notorious Dark overlord hacker gang, which used to extort money for confidential documents of private individuals as well as companies and targeted women and girls in this, gets extradited to US from UK, gets 5 year jail term and slapped with fine.
https://www.theregister.com/2020/09/22/british_dark_overlord_extortionist_jailed/?fbclid=IwAR35V1jSgJTcQqWte3fn1WCkrjElLkIErcHhJ6j5yGMpsxm9QsLVeI8hMdQ

Telegram groups being used for sharing instagram photos of women with vulgar derogatory comments and then to share these photos notorious dating apps for creating fake profiles.
https://www.edexlive.com/news/2020/oct/05/bois-locker-room-2-telegram-group-shares-pictures-of-women-from-instagram-and-objectifies-them-15031.html

Gender and Internet : Web magazine for Cyber law for women News update for 2020 August 25-September 19,2020

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US successfully extradites Ghanaian woman who is charged for million dollar business email frauds and romance scams targeting elderly people.
https://www.myjoyonline.com/news/crime/ghanaian-woman-extradited-to-us-to-face-over-10m-fraud-related-charges-and-sakawa/

Reports suggest most of the porn sites lack in internal policy to remove illegal deepfake porn clippings: court rulings fails to restore justice for victims for noncooperation of porn sites.
https://www.wired.com/story/porn-sites-still-wont-take-down-non-consensual-deepfakes/?fbclid=IwAR1JvtkQ0oNfVxyKIc1pw0LSknfZA_fhzuL58JAHD6DSP3revvpe-Lgv3CU

Federal investigation agency, Pakistan teams up with Facebook to check cyber crimes against women
https://www.thenews.com.pk/latest/716664-fia-facebook-agree-to-collaborate-on-cyber-crimes-againt-women-children

Sextortion case lodged against youth in Bangladesh under Pornography Control Act. He used to harass adult women by threatening to release secret images/clippings of them on worldwideweb.
https://www.dhakatribune.com/bangladesh/dhaka/2020/09/19/youth-arrested-for-blackmailing-women-with-fake-pornographic-contents

Hacker who hijacked several computers including android systems in handheld devices, captured and stole intimate photographs of women. Gets strict punishment and retraining orders from the court under various provisions in UK.
https://www.echo-news.co.uk/news/18733117.westcliff-man-jailed-hacking-sharing-hundred-intimate-pictures/

Irked by increased tendency of passengers and journalists (including civil journalists) to click co-passengers including celebrity passengers, DGCA, India sends strict notice to airlines threatening to take strict legal action if the later fails to prohibit all( on board while embarking or disembarking) from photographing. It also says, accused passengers may face travel ban too.
https://timesofindia.indiatimes.com/business/india-business/airline-crew-who-fail-to-stop-photography-on-board-could-face-termination-passenger-could-be-banned-dgca/articleshow/78074151.cms?fbclid=IwAR1axpjdH2JRZqPDfH2KtgRkRthDTvjuaeZm8kj8iL8Zy_ETgWTIqkbOnmU

Covid test results of female celebrities get leaked. Privacy infringement reaches new height in India
https://www.ndtv.com/entertainment/why-asks-angry-amrita-arora-after-sister-malaikas-covid-test-result-is-shared-online-2291659?fbclid=IwAR3EjV9hKJdrA7aJ3J0u1YO1i0ueXjmxZ5K_iXkhw3mu-_27wpMzeJ14gjY

Teen girls are allured by fake female profiles on instagram to share obscene images only to face sextortion in India: police nabs the kingpin in Gujarat, India
https://ahmedabadmirror.indiatimes.com/ahmedabad/crime/rajkot-cyber-crime-cell-nabs-two-youths-exploiting-teenage-girls/articleshow/77869226.cms?fbclid=IwAR3eafGLxK7dMm8N821gYB4jPb9TFmDCImq8JHK5B1e9_jQIShlvhwaQa4w

Gender and Internet : Web magazine for Cyber law for women News update for August 16-August 24,2020

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Highcourt in Adamawa, Nigeria sentences woman for 10 years imprisonment for impersonating Senator .
https://dailypost.ng/2020/08/20/yola-court-jails-2-women-for-impersonation/

Phone of Australian actress gets hacked, her personal photos gets leaked over internet: victim files case under Australian revenge porn law which prescribes criminal penalty for upto 7 years of jail term.
https://www.dailymail.co.uk/tvshowbiz/article-8645783/Actress-Olympia-Valance-confirms-target-ongoing-revenge-porn-attack.html

Bengali women attacked on social media on account of Rhea Chakroborty’s alleged involvement in the case of Susahnt Singh Rajput’s unnatural death.
https://www.deccanherald.com/national/east-and-northeast/ssr-case-bengali-women-abused-on-social-media-commission-seeks-report-from-kolkata-police-874801.html

(Repost) Centre for Cyber Victim Counseling brings out detailed report on use and misuse of WhatsApp in rural and urban places in India (first posted on www.cybervictims.org)

CYBER BULLYING, CYBER SECURITY AND THE CYBER LAWS OF UK – AN ANALYSIS OVER THE YEARS by Reshmitha.G.Sarma

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Opinions are that of the author and Gender and Internet : Web magazine for cyber law for women does not hold responsibility for the opinions of the author

INTRODUCTION:

The internet is a different world altogether, a world that keeps changing and updating faster than change itself. This world of technology is causing a transformation on the society by driving growth, facilitating connection of people and providing to the world, a medium of communication and cooperation. It is evident as to why the internet has had such a dramatic growth over the past decade.

This article would discuss the different pitfalls of the cyber space, the impact of technology on the youth of the United Kingdom, different preventive mechanisms prescribed by laws and policy guidelines of the UK to address cyber bullying.  Cyberspace is a virtual medium on the internet having the major function of forming a network that would facilitate the process of communication.[1] It is the  transforming business that keeps the growth spurt very efficient and effective in its own manner.
It has helped economies opening up their markets, reduce the optimum cost of investment in commerce and collaterally even enabling people to benefit out of their business while they are on the move. Cyber space has been a very promotional platform of fresh thoughts, innovative business models, increasing input of ideas and an enormous source of growth. With all these amazing characteristics to cyber space, it also proves to be the devil’s workshop. Unfortunately, though the UK economy strives to help increase the efficiency of its people using the cyber space, there are risks. An increasing number of adversaries are hunting for opportunities to use the cyberspace as a platform to steal, destroy or compromise very critical data on the internet. As a step to avoid these threats, United Kingdom Government laid down plans for measures to keep the users of UK safe from cyber-bullying.[2]

CYBER BULLYING – A CRIME?

Cybercrimes contain all criminal offences that are committed with the aid of communication devices. This can be the Internet, the telephone line and the mobile network and so on. Cyberbullying, on the other hand is the use of electronic or online communications by someone to threaten, intimidate, harass, defame or even maliciously contact another person without their consent.[3] Both types of bullying and cyberbullying may happen simultaneously but the advantage with cyberbullying is that it leaves a record as proof of the activity which would prove to be an evidence in future.[4]There is no legal definition of cyberbullying in the UK law but there are other laws within the meaning of which cyberbullying and harassment on social media or other platforms be brought under. Moreover, there is no specific anti-cyberbullying legislation in UK. Although, since 1998, the law of the UK has mandated that state schools are bound by law to have anti-bullying policies in their place. Independent schools, too have laid down requirements of such nature, since 2003. And despite these unclear applications, cyberbullying in itself is not an offence in the UK. The provisions of the Protection from Harassment Act (PHA), however, prohibits individuals from pursuing a course of conduct that either amounts to harassment, or that they should know amounts to harassment.[5] And as per the provisions of Sec.8 of the PHA[6], every individual has a right to be free from harassment and any one pursuing a course of conduct that amounts to harassment in any form within the meaning of Sec.1, would amount to an offence. It is within the meaning of this section that the offence of cyberbullying is construed under. When the perpetrator uses a technology or social media as a medium od conduct to harass, stalk or abuse another person, it is said to be harassment within the provisions of Sec.8.[7]

The Teaching and Learning International Survey carried out every 5 years, depicted an increase in bullying in the schools of England. These acts indicated to be driven by students ranging from online bullying, trolling to harassment and other problems on social media. The survey further revealed that 14% of students faced issues on the basis of hurtful material posted by other students compared to an international average of 2%. Further, around 27% pupils received unwanted contact online, every week  in the mode of cyber bullying as compared to an international average of 3%.[8]The lack of regulation with regard to this aspect of cyber space was cited as the reason for such happenings, leaving the schools with the responsibility of finding their own response. It has also been observed that the misuse of social media, hinders the learning process apart from proving to be an emotional harm and hence suggested that it be addressed at a wider level.[9]Cybersmile Foundation, a help centre to increase awarness, had performed a research to find out the kind of misuse happening in cyberspace of UK.[10] Their statistics show the following data:

  • 29.6% of respondents aged 25-34 have undergone homophobic abuse online.
  • 31.5% of respondents aged 18-24 have seen bullying on the basis of religion, online.
  • 40.6% of respondents between the age group 18-24 had seen racist abuse online.
  • 55.1% of all respondents have faced abuse on the social media: Facebook.[11]
  • Kinds of cyberbullying :

Cyberbullying is a form of bullying, but the term has a wide scope to contain within itself different forms of cyberbullying that people face. Some common methods of cyberbullying to which people fall a prey could be categorised as follows:

  • When a person is subjected to abusive messages or efforts to contact them or a group of people via an online portal, it is online harassment extended within the meaning of Sec.2 of Protection from Harassment Act, 1997.
  • When a person is called out, labelled or shamed for any of their acts in the past, by the nature of their being, by the way they dress or by virtue of their sex, race or any other characteristic amounts to online shaming.[12]
  • Keeping someone away from certain activities online like groups, games etc.
  • Other activities falling within the meaning of cyberbullying are trolling someone on social media or other chat rooms, building up some sites or pages that corners a particular person, encouraging someone to self-harm by way of trolling or spreading hate against the person or sometimes even taking part in an abusive poll.[13]
  • The act of pressurising young children to take part in sending images or content that are sexual would also amount to cyberbullying.[14]

THE LAWS IN UK :

OECD’s report on the Life in Digital Era, reflected an alarming information on the problems of cyber-bullying present in the schools of England.[15] While reflecting on the way of life in the digital age in UK, the OECD report stated that the level of inequality of uses is relatively high, which means that not everyone makes full use of the breadth of possible online activities. In addition, the risks for children are substantial, with 37% of extreme Internet users among 15-year-olds, the second highest share in the OECD.[16]

This report of the OECD depicted the fact that people are prone to implicit risk of being exposed to cyber-bullying on the digital platform, especially children. The governments in UK have repeated the general principle that what is illegal offline, is illegal online.[17] The Government, Parliament and The Judiciary of UK have invested a lot of thought and time in carefully keeping the world of digital network a safe place.

  • A New Code :

According to Sec.103 of the Digital Economy Act, 2017 , the Secretary of the State is required to issue guidance to the concerned social media providers with regard to the kind of action which is appropriate to be taken against:

  • Bullying,
  • Insulting behaviour, or
  • Behaviour likely to intimate or humiliate an individual.[18]

The Conservative Government added this to the Digital Economy Bill during its final stages.[19]

A NEED FOR SPECIFIC LAW?

Some of the laws used to prosecute online harassment predate the widespread use of the internet and social media. In recent past, a number of parliamentary committees have investigated this question, and come to different conclusions. The House of Lords Communications Committee published a report on Social media and criminal offences in 2014, which concluded that although much of the relevant law predated social media, it was still “generally appropriate”:

“Our overall conclusion is that the criminal law in this area, almost entirely enacted before the invention of social media, is generally appropriate for the prosecution of offences committed using the social media.”[20]

But owing to the changing conditions and rapid increase in technology along with threats, the government has by virtue of the Computer Misuse Legislation and other provisions, have set up a wing under the National Crime Agency which focus on critical cyber incidents to take action on the criminals for their activities. Even other departments of the country such as UK Police, Europol, FBI and The US Secret Service, put in their actions with regards to cybercrimes.

CONCLUSION:

Despite all actions being taken owing to past incidents, cyber bullying is still a very prevalent activity across the world on social media. Rape threats, revenge porn, trolling, harassment and other activities still continue to terror the lives of people despite the country striving to keep its online platform a safe space. With growing advancements and infrastructural developments in technology, it is the need of the hour to ensure that the acts of people are kept on a leash to prevent people from adverse conditions and to ensure a safe cyber space for everyone.


  • Reshmitha G. Sarma is a student of Final year – B.Com., LLB (hons.), SASTRA Deemed University. She can be reached @ reshmitha96@gmail.com

[1] Cyberspace, TECHOPEDIA, Sep 2012

[2] Online Harms White Paper, Department of Digital, Culture, Media & Sport and Home Office, Business Regulation, Government of UK, (Apr 2019), https://www.gov.uk/government/consultations/online-harms-white-paper

[3] See, Types of cyberbullying, NATIONAL SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN (NSPCC), https://www.nspcc.org.uk/what-is-child-abuse/types-of-abuse/bullying-and-cyberbullying/.

[4] See, Cyberbullying: What is it and how to stop it, UNICEF| for every child, https://www.unicef.org/end-violence/how-to-stop-cyberbullying

[5] Protection from Harassment Act, 1997, Act no.c.40, 1997, UK Public General Acts, Sec.1

[6] Protection from Harassment Act, 1997, Act no.c.40, 1997, UK Public General Acts, Sec.8

[7] ibid

[8] OECD (2020), TALIS 2018 Results (Volume II): Teachers and School Leaders as Valued Professionals, TALIS, OECD Publishing, Paris, https://doi.org/10.1787/19cf08df-en.

[9] Sean Coughlan, England’s schools ‘worst for cyber-bullying’, BBC NEWS, June 2019, https://www.bbc.com/news/education-48692953 

[10] What is cyberbullying, THE CYBERSMILE FOUNDATION, https://www.cybersmile.org/advice-help/category/what-is-cyberbullying

[11] ibid

[12] See, Types of Abuse – bullying and cyberbullying, NATIONAL SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN (NSPCC),  https://www.nspcc.org.uk/what-is-child-abuse/types-of-abuse/bullying-and-cyberbullying/.

[13] See, Types of cyberbullying, NATIONAL SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN (NSPCC), https://www.nspcc.org.uk/what-is-child-abuse/types-of-abuse/bullying-and-cyberbullying/.

[14] ibid

[15] OECD (2019), How’s Life in the Digital Age?: Opportunities and Risks of the Digital Transformation for People’s Well-being, OECD Publishing, Paris, https://doi.org/10.1787/9789264311800-en.

[16] ibid

[17] See, HC Deb, Culture Media and Sport Committee, Online Safety: Responses to Committee’s Sixth Report of Session 2013-14, Jul 2014, HC 517 2014-15, page 11, Feb 2015, https://publications.parliament.uk/pa/cm201415/cmselect/cmcumeds/517/51702.htm.

[18] DIGITAL ECONOMY ACT, 2017, Act no. c.30, 2017, UK Public General Acts, Sec.103

[19]  HC Deb Apr 2017 c1124, HL Deb Apr 2017 cc1491-1493, https://hansard.parliament.uk/commons/2017-04-26/debates/52706430-B069-4DDA-B0F1-52916F6A4588/DigitalEconomyBill.

[20] House of Lords Communications Committee, Social Media and criminal offences, Jul 2014, HL 37 2014-15, para 15

Gender and Internet : Web magazine for Cyber law for women News update for August 1-August 15,2020

Happy Independence Day, 2020 (Picture courtesy : Internet )

Egypt prosecutes women influences of TikTok for “violating family values” under “draconian” laws addressing cyber crimes
https://www.amnesty.org/en/latest/news/2020/08/egypt-survivors-of-sexual-violence-and-online-abuse-among-prosecuted-women-tiktok-influencers/

Police arrests fraudsters in India including two women in a case of online sex racket. Customers were shown photographs of women to allure them to pay money.
https://english.mathrubhumi.com/news/crime-beat/online-sex-racket-busted-in-thrissur-2-women-among-10-arrested-1.4972414

Stakeholders file Public Interest Litigation in the Supreme Court of India to take action against social media accounts involved in indecent and illicit trading, revenge porn etc.
https://www.barandbench.com/news/litigation/pil-supreme-court-act-against-social-media-accounts-online-trade-of-illicit-content-revenge-porn

Appeals court in UK rules that using of automated facial recognition technology by police violates privacy related laws.
https://arstechnica.com/tech-policy/2020/08/police-use-of-facial-recognition-violates-human-rights-uk-court-rules/?fbclid=IwAR26Erw5vPf3Sbe6_jSt7K94vCZXTd-TrXlVS5szbVyfBPT5FbsFzXJNLjg

Gender and Internet : Web magazine for Cyber law for women News update for July 26th-August 5th, 2020

Let peace prevail on Hiroshima Day: picture courtesy : Internet

Facebook data miner steals pictures of university students to provide the same to the porn sites for using the same as advertisement for sex workers. Students collectively join hands to approach the porn site and the images thus uploaded non consensually gets taken down in India
https://www.deccanherald.com/metrolife/metrolife-your-bond-with-bengaluru/porn-site-removes-city-students-pics-867735.html

Woman sentenced to 17 years of jail term for online sexual exploitation of children, attempt to trafficking of children online under under Republic Act (RA) 9208 as amended by RA 10364 (Expanded Anti-Trafficking in Persons Act), RA 7610 (Anti-Child Abuse Law), and RA 9775 (Anti-Child Pornography Act) in relation to RA 10175 (Cyber crime Prevention Act) in Philippines.
https://www.sunstar.com.ph/article/1865311/Cebu/Local-News/Woman-sentenced-to-17-years-for-online-sexual-exploitation-of-children

Turkey approves social media law that would demand web companies to post their officers in Turkey to address grievances of social media users including cyber crimes targeting women.
https://www.sunstar.com.ph/article/1865311/Cebu/Local-News/Woman-sentenced-to-17-years-for-online-sexual-exploitation-of-children

High Court of Kerala, India denies bail for woman activist who posted pictures of her nude body being painted by her children on social media profile on the ground of sexual gratification by using children.
https://www.indialegallive.com/top-news-of-the-day/news/kerala-high-court-dismissed-bail-application-of-ms-fatima-a-s-who-painted-body-of-her-two-minor-children-and-uploaded-video-on-social-media?fbclid=IwA

Bulgarian prime minister accused of conveying message suggesting threatening to burn woman member of Bulgarian Socialist party. The prime minister defended by stating that the same was n impersonating audio record.
https://www.theguardian.com/world/2020/jun/25/bulgarian-pm-boiko-borissov-could-be-investigated-over-audio-threat-to-burn-mep

Gender and Internet : Web magazine for Cyber law for women News update for July 7th -July 25th, 2020

Picture courtesy: Internet

Austria plans to bring tougher laws to regulate online platforms sharing user generated contents : It is hoped that hate speech may be curbed
https://www.euractiv.com/section/data-protection/news/austrias-law-against-online-hate-speech-question-marks-in-the-home-stretch/?fbclid=IwAR0w4DYWM4Dw1DOKaGzen5M-GiMPgQjb0hzw4lTFphXCYxZH_Rc_m_p5aCQ

Video showcasing thrashing of woman in public in India becomes viral. some claim this to be a case of caste violence , some claimed this to be a case of domestic violence. But neither the woman gets any respite, nor the video is pulled down.
https://www.thequint.com/news/webqoof/video-of-up-woman-thrashed-by-husband-viral-with-false-caste-angle

Father beats 30 year old daughter, who had been a victim of domestic violence by her husband, to death as a way of honor killing. Video becomes viral on internet. Jordan police does not take action to prohibit viral circulation of the video.
https://abcnews.go.com/International/video-father-beating-daughter-death-called-honor-killing/story?id=71903071

Corona pandemic encourages men to go for online intimate chatting with strangers and sextortion cases rise: perpetrators posing as girls and women steal private data and continues sextortion.
https://www.indiatoday.in/mail-today/story/now-epidemic-of-sextortion-rattles-delhi-1702691-2020-07-21

France decides to introduce age verification system to prevent and protect children from being exposed to porn sites.
https://www.politico.eu/article/france-to-introduce-controversial-age-verification-system-for-adult-pornography-websites/?fbclid=IwAR1pQCct6YMrygvKaohsLAycoHqXa8mgFpVTBJrHp0ygi4YvhtUEs4snKsU

Gender and Internet : Web magazine for Cyber law for women News update for July 1-July 6th, 2020

Picture courtesy : Internet

UN staffers showed to be in sexual act in a vehicle in a video Israel. UN office shocked and starts inquiry.
https://www.foxnews.com/politics/un-chief-shocked-video-sex-act

Municipal Councillor offers to resign in Spain when his act of showering was accidentally live broadcasted during a live official meeting.
https://www.theguardian.com/world/2020/jul/03/man-offers-to-resign-after-showing-during-livestreamed-video-meeting?CMP=fb_gu&utm_medium=Social&utm_source=Facebook&fbclid=IwAR33LhGZFxOszqU3qI_HXDJjame0Hgqmz0Snbf_hNLEoc9Wb541w5I3tC7o#Echobox=1593790125

A station house officer in Uttar Pradesh, India was caught masturbating in front of a female complaint on camera. He is arrested for indecent act and creating sexually explicit and obscene act.
https://www.ndtv.com/india-news/case-against-up-cop-bhishm-pal-singh-caught-on-camera-masturbating-before-woman-in-deoria-2255193?fbclid=IwAR0IZpTsU2Cv2mYDhKHCiui2BnwRfluopl5QdqC-c1URdeSDRMUhvYuOppc

Women take to social media in the line of #metoo in Egypt against sexual assaults and harassment by man in his twenties : some cases are as old as of 2016
https://egyptianstreets.com/2020/07/02/egypts-silent-victims-man-accused-of-rape-harassment-by-50-women-exposes-rape-culture/

Saudi Arabia’s public prosecution orders for arresting man under articles 15 and 17 of the Saudi Law of Criminal Procedure for abusing working women of Saudi Arabia through viral video.
https://gulfnews.com/world/gulf/saudi/watch-saudi-man-arrested-for-viral-video-insulting-women-1.1593726372532

Telegu film director complaints of conman who had been impersonating him on social media and asking for nude pictures from women.
https://www.thenewsminute.com/article/man-posing-telugu-director-ajay-bhupathi-seeks-nudes-women-complaint-filed-127948

Decoding Cyber Stalking law from Indian perspectives. by Dr.Debarati Halder

Picture courtesy : Internet

2020 had many surprises for us. It brought in the century’s biggest health hazard, economic slowdown and upsurge of economy for a sector which survived on illegal. data mining, data pooling and data selling. Often people mistake that data mining, data pooling etc are connected with financial crimes. But it is not so always. These are connected with cyber stalking also. There are hundreds of materials on internet which may suggest that cyber stalking is cyber bullying or cyber stalking is the ONLY form of cyber harassment. Unfortunately, this is also not true.

Cyber stalking basically is a criminal activity which is from the family of offences of privacy infringement. In India cyber stalking was not recognized as an offence prior to Criminal Law amendment Act, 2013. In fact stalking as well as cyber stalking was considered as within the meaning of  eve teasing, a term which was neither recognized by the Indian Penal Code. However, in case the victim needed to stress on the constant persuading and monitoring by the perpetrator, the police would look for solace mostly in S.509 Indian Penal Code, sometimes coupled with provisions addressing criminal intimidation including anonymous criminal intimidation. S.503 of the Indian Penal Code addresses Criminal intimidation and it says as follows: “Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation…..Explanations: A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.” S.506 speaks about punishment to criminal intimidation and it says as follows:  “Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;…..If threat be to cause death or grievous hurt, etc – and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.” S.507 of the IPC discusses about anonymous criminal intimidation and says as follows : “Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.”. S.509 IPC speaks about punishment for word, gesture or act intended to harm the  modesty of women and says as follows: Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.”

What do we understand from these provisions keeping the concept of ‘eve teasing’ in the forefront which is reflected in S.509 IPC?

  • It necessarily includes certain kinds of words and behaviors, gestures which make the woman feel uncomfortable, insulted, annoyed, irritated and above all, threatened about her own safety.
  • That written or spoken word is uttered or expressed in writing especially with an intention that the victim sees it and feels uncomfortable and threatened.
  • The privacy of the woman is infringed or threatened to be infringed.

Now, how the privacy infringement can attract the concept of cyber stalking? Even though Justice Puttaswamy vs Union of India & others,[1] have emphasized on right to privacy, the law makers have not yet included this as an inherent right in the constitution. It may be noted that while the final judgement of the Puttaswamy case came in 2018, the petitioner approached the court as early as in 2012 . This was the year that saw the gruesome gang rape of Nirbhaya in Delhi and following the same, the Criminal Law Amendment Act, 2013 which introduced a bunch of gender centric laws including S,354D of the Indian Penal Code which addresses stalking including cyber stalking. Let us now see what does S.354D IPC offer to address cyber stalking: it says

“(1) Any man who—follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking; Provided that such conduct shall not amount to stalking if the man who pursued it proves that—it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.”

This makes it clear that stalking happens when the woman feels threatened for her personal safety for the repeated persuading by the stalker who can not be a female (as the provision suggests). Here men are mandatorily seen as perpetrators and women are the victims.  This behavior includes monitoring of the cyber usage of the victim as well. A plain reading of the Section would suggest that cyber stalking may also include multiple online offences including unauthored access to device, data, data network, email, social media profile of the victims etc which are addressed under S.43 (Penalty and damage to computer, computer system etc), 65 (punishment for tampering with computer source document) and 66 (punishment for computer related offences)of the Information Technology Act , 2000 (amended in 2008) and S.66C (punishment for identity theft) of the Information Technology  Act, 2000 (amended in 2008) etc. Cyber stalking may or may not include cyber bullying which is not addressed by any law in India.  It may necessarily include data mining. Even this is also not considered as criminal offence because data mining may be used for positive purposes also (consider prospective employers mining data about prospective employees: It is for this reason that several  social networking sites like LinkedIn, FaceBook, ResearchGate etc allow users to upload information about their work, work experience etc). As a continuing effort to create threat and sense of uncomfortableness, the stalker may keep on sending text messages, memes, voice messages sexted messages etc. All these are broadly covered under the first paragraph of S.354D, but which message may constitute criminality individually, is not mentioned therein. The behavior which attracts the criminality within the meaning of cyber stalking, may also include creation of fake profile of the perpetrator himself or an impersonating profile of the victim so that he can contact the friends of the victim for monitoring the victim. But S.354D does not explicitly mention about this and this is the reason that many stakeholders feel this very behavior IS cyber stalking. The correct answer is NO. This actually constitutes a separate criminal liability which is partly addressed by the above mentioned provisions of the Information Technology Act including  S.66C (identity theft)of the Information Technology Act, 2000(amended in 2008), partly by S.354C IPC(addressing voyeurism and prescribing punishment for the same) and partly by S.67A of the Information technology Act, 2000 (amended in 2008) which addresses creation, circulation of sexually explicit contents etc. These provisions should be taken only when the victim complaints of cyber stalking, receiving messages from the perpetrator within the meaning of repeated persuading and creation of threat whereby the perpetrator may indicate that he is going to make private information of the victim public if she does not abide by his ‘demands’ of communicating and keeping contacts with him. This ‘aftermath’ may also include creation of revenge porn contents which is not recognized by Indian laws.

However, we should not overlook the exception clauses of S.354D IPC. When such repeated persuading is done in the course of positive purposes which includes monitoring for the security purposes, for the benefit of the victim etc and when the act is ‘justified’ by an order for doing so from competent authorities, it may not attract criminal liability. This actually means if the monitoring includes surveillance by proper authorities and for proper reasons, it would be not be considered as cyber stalking within the meaning of S.354D.

Stay Safe, be safe.

Please do not violate the copyright of this blog. If you need to use it for your reference, please cite it as Halder Debarati (2020) Decoding cyber stalking law from Indian perspectives . Published in https://wordpress.com/block-editor/post/internetlegalstudies.com on 04-07-2020


[1] Writ Petition (Civil) No. 494 of 2012, (2017) 10 SCC 1