Category: Editor’s column

Arnab Goswami, Kunal Kamra and internet governance in India : Where do women victims of cybercrimes stand now? by Dr.Debarati Halder

Picture credit : Debarati Halder

In 2012 the then chief minister of West Bengal, Mamata Banerjee took a strong a note for Ambarish Mahapatra’s very bold, excessively strong post including a cartoon showcasing Didi and Mukul Roy, who was the then state minister for railways. The cartoon included the railway logo. Mahapatra was arrested in 2012 and later released. In 2015 the courts ordered that Mahapatra should be compensated for the wrongful arrest.[1] Clearly, the court gave a red signal to the West Bengal government for wanting to use executive power to shun critics of the government on internet media. Quite at this time, the courts accepted the arguments of Shreya Singhal for scrapping off S.66A of the Information Technology Act, 2000 (amended in 2008) which was considered as a draconian law for the bad drafting and equally bad usage of the same by the government. The Supreme Court could have strongly advised for amending the provision which could offer a wonder anti bullying law.[2] But the last stroke was given by the then UP government by arresting a juvenile for his post on internet just before the court could even consider on 66A. The court laid 66A to rest judicially. What lurked on was the issue of usage of government logo in criticism speech.

Why Attorney General of India has to give a consent for contempt of court proceeding for a criticizing speech?  Armed by Shreya SInghal judgement in 2015, many started openly criticizing the government. This is indeed a healthy sign of a strong democracy. In the US the right to criticize the government had remained a celebrated right. Cases like New York Times Co. v. Sullivan, 376 U.S. 254, 283 (1964) or  Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 (1963) has deeply influenced the speech rights which have been taken over by the internet companies including Facebook and Twitter post millennium. First Amendment right to speech and expression became broader over the years giving the internet companies extreme power to deny most of the (non- US) government-backed requests for taking down of contents because according to them such speech did  not violate their policies which were based on US First Amendment guarantees.[3] Twitter however had remained a favorite platform for celebrities, right activists and politicians to express their opinion ‘in short’. This gave rise to use creative, expressive and bold languages to express opinions within 120 words plus ‘threads’. In late September and early November, 2020, social media platforms including Twitter saw a wave of sympathy, hatred and apathy towards the arrest of Arnab Goswamy and his release from the prison on interim bail by the Supreme Court. Goswamy, a journalist and managing director and editor-in –chief of Republic TV, was arrested for alleged abetment for suicide of a Mumbai based designer and his mother.[4] Kunal Kamra, a standup comedian, like many other non-supporters of Goswami had strongly objected for the interim bail of Goswami over Twitter.[5] But this could have been considered as a very normal ‘protest’ by Kamra, provided he would not have pulled in the integrity of Supreme Court of India. His post included a picture of the Supreme Court building covered with saffron color with the flag of the ruling BJP party atop it.  What was wrong in this? (i) Using derogatory remarks towards the integrity and impartial nature of the supreme court while deciding the interim bail application of Goswami ? or (ii) using the picture of the Supreme Court colored in saffron which may indicate its loyalty to a particular community, political party or idealism? Or (iii) morphing the picture of the building by putting the political party’s flag atop the building instead of the tricolor?  

If we take point number (i), we would see that even though the Supreme Court is not a protected entity which should be considered as above free speech especially related to criticism, it has taken strong note against those who had published, posted, uploaded, shared derogatory comments on the integrity of the institution, the judges, personal reputation of the judges and their family members. Justice Karnan’s case is a good example in this regard. This ex-judge of Madras High court was condemned not only by Madras High court, but also by several women lawyer’s associations in India  for sharing sexually explicit and obscene remarks about the female judges and the wives of other judges.[6] The Madras High Court had also asked the social media platforms to remove the contents posted by justice Karnan in this regard. Second and third points definitely attract my attention here as the morphing of the building attracts penal provisions not only from Article 19 (2) of the Constitution of India, which discusses about restriction of free speech under Indian constitution, but also from The Emblems And Names (Prevention Of Improper Use) Act, 1950. The later statute in S. 3 prohibits improper use of certain names and ensembles[7] and this includes emblem and picture of Supreme Court building as well.[8] But we need to note that even though the morphing and re presentation of the building had taken place on Twitter, Information Technology Act, 2000 (amended in 2008) may not be attracted that effectively because of the absence of S.66A .  The issue of Kamra publishing the ‘wrong’ image of Supreme Court is so heavy that it has attracted charges for criminal contempt of court for which the Attorney General of India has consented for initiating the proceedings against Kamra.[9] To a certain extent, this consent may depend on the discretionary power of the Attorney General as well especially when he sees the matter from the perspective of utter disrespect to the institution of Supreme Court. Kamra however maintained that he won’t apologies, neither would he remove his content from Twitter in this regard.[10]

          Here, I cannot hold myself back from mentioning about the plight of millions of women victims of trolling, morphing and revenge porn who may suffer endlessly because of long life of their fake avatars on internet. If only courts and civil society members were much aware about the issue, courts could have taken a strong note of cyber victimization of women as well. But here comes the key player: the web platform.

Twitter in the middle of the storm: Twitter is the platform for the alleged offence committed by Kamra. But quite simultaneously Twitter attracted another ref eye of the government and the courts: Leh, the joint capital of Union territory of Ladakh was recently shown as part of Jammu and Kashmir on Twitter.[11] This indeed attracts a huge public, political and constitutional sentiments after the recent scrapping of Article 370 by the present government of India which made Ladakh (of which Leh is the capital town) a union territory and no more part of Jammu and Kashmir. Twitter was notified and as the existing laws mandate, Twitter may even get suspended if it does not rectify the mistake. But not to forget, including Twitter all the US based social media companies have a wonderful trick to avoid the government and court notices by indicating that ‘they are looking into the matter’. There are hundreds of public interest litigations filed in the Supreme Court on the issue of women and child safety on internet and the responsibility of the internet companies. In almost all cases, all the companies escaped the clutches of S. 69 B (power to issue notice for blocking the website/contents etc) by the very slippery gateway of S.79 of the Information technology Act (exemption from liability of intermediary to certain cases).

Be it the case of Kunal Kamra or anyone else who may be victimizing anyone including private individuals or the highest courts of judicature, social media companies will remain as they have remained, being the chosen platform of the government to have a handle to encourage accessibility of justice, good governance etc.

Comes the decision of internet regulation by State made laws: Amidst all these pandemonium, the Indian government literally blew the bugle against millions of free speech activists when it announced about the decision for internet regulation by state made laws.[12] The ministry of Information and Broad casting may extend their jurisdiction to internet media if this decision is fructified. The free speech advocates fear that this decision may result in situations like the 1975-77 emergency period where the then prime minister tried to gag the free speech and expression rights of print and television media. Their apprehension is not baseless because this decision comes at a time when police is seen busy to manage issues related several fake news and fake avatars of the ruling and opposition political parties and net streaming which speak about sex .  But this decision, if fructified, may also bring cheers to women victims of misogynist trolls, fake avatar, revenge porn, nonconsensual porn as well.  While many may fear that such regulation may chock free flowing of adult contents, we must not forget that our courts once refused to provide a blanket ban on porn provided it is viewed by the viewer without offending anyone and the content is made legally with consenting adult actors. However the fear and apprehension weighs more than the cheers because the government may not always abide by the court rulings: the best example is, statutorily S.66A is in deep coma, but not dead.

Hope continues for women victims? But the tussle over the moral wrong of ‘to watch or to block the entire content’ or the heavy examples set by Attorney General of India for a morphed photograph of the building of Supreme Court and derogatory comments about the institution itself probably cannot minimize online victimization of women who undergo morphing and are targeted with hate speech on internet vigorously. I hope such strong actions touch the issue of cyber victimization of women and girls strongly. If internet is to be regulated, let it be so judiciously and for proper causes.


[1] See for more in https://www.ndtv.com/india-news/double-the-compensation-of-jadavpur-professor-arrested-for-circulating-mamata-cartoons-court-tells-g-745593

[2] Halder, Debarati, A Retrospective Analysis of Section 66A: Could Section 66A of the Information Technology Act be Reconsidered for Regulating ‘Bad Talk’ in the Internet? (August 24, 2015). Halder Debarati (2015) A RETROSPECTIVE ANALYSIS OF SECTION 66 A: COULD SECTION 66 A OF THE INFORMATION TECHNOLOGY ACT BE RECONSIDERED FOR REGULATING “BAD TALK” IN THE INTERNET? Published in Indian Student Law Review (ISLR) 2015 (1) PP 99-128 ISSN 2249-4391, Available at SSRN: https://ssrn.com/abstract=2650239 or http://dx.doi.org/10.2139/ssrn.2650239

[3] For example, see https://in.reuters.com/article/us-singapore-politics-malaysia-scandal/facebook-refuses-singapore-request-to-remove-post-after-critical-website-blocked-idINKCN1NF05T, orhttps://www.wsj.com/articles/facebook-hate-speech-india-politics-muslim-hindu-modi-zuckerberg-11597423346  

[4] https://www.ndtv.com/india-news/arnab-goswami-arrested-for-allegedly-abetting-suicide-of-interior-designer-say-police-news-agency-pti-2320301

[5] https://www.livelaw.in/top-stories/dont-intend-to-retract-my-tweets-or-apologize-kunal-kamra-responds-to-ags-consent-for-contempt-against-him-165857

[6] See https://www.newindianexpress.com/cities/chennai/2020/nov/10/madras-high-court-orders-removal-of-derogatory-videos-made-by-former-hc-judge-cs-karnan-2221987.html

[7] S.3 of  The Emblems And Names (Prevention Of Improper Use) Act, 1950 states as follows: 3. Prohibition of improper use of certain emblems and names.—Notwithstanding anything

contained in any law for the time being in force, no person shall, except in such cases and under such

conditions as may be prescribed by the Central Government, use or continue to use, for the purpose of any

trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any

name or emblem specified in the Schedule or any colourable imitation thereof without the previous

permission of the Central Government or such officer of Government as may be authorised in this behalf

by the Central Government.

[8] See S.17 of the Schedule attached to The Emblems And Names (Prevention Of Improper Use) Act, 1950 , which includes the followings in the prohibited list: namely, “The name of the Parliament or the Legislature of any State, or the Supreme Court, or the High Court of any State, or the Central Secretariat, or the Secretariat of any State Government or any other Government Office or the pictorial representation of any building occupied by any of the aforesaid institutions”.

[9]See  https://www.livelaw.in/top-stories/dont-intend-to-retract-my-tweets-or-apologize-kunal-kamra-responds-to-ags-consent-for-contempt-against-him-165857

[10] See ibid

[11] See https://timesofindia.indiatimes.com/india/twitter-risks-suspension-over-leh-map-error/articleshow/79201328.cms

[12] See https://www.theguardian.com/world/2020/nov/11/india-to-regulate-netflix-and-amazon-streaming-content?fbclid=IwAR11PXTEutFHo6VjsPy7tteOFyRweprK6vALKMNtNpBQZEF5tAeLIQyJejw

Please do not violate the copyright of this writeup. Please cite it as Halder Debarati (2020).Arnab Goswami, Kunal  Kamra and internet governance in India: where do women victims of cybercrimes  stand now? published in Gender & Internet : web magazine for cyber law for women @ https://internetlegalstudies.com/2020/11/14/arnab-goswami-kunal-kamra-and-internet-governance-in-india-where-do-women-victims-of-cybercrimes-stand-now-by-dr-debarati-halder/ on 14th November, 2020

Plight of “Punita” : A common tale of ‘powerless’ women victims of trolling by Dr.Debarati Halder

First published @https://debaraticyberspace.blogspot.com/2020/11/plight-of-punita-common-tale-of.html?spref=fb&fbclid=IwAR2_sKM13spiQ4r6CletmvaLG8z7orClpR7MQOIHhnahcTMl1O678NhnY_c

In 2012 “Nirbhaya” a young female paramedic was brutally gang raped in a cold December night in Delhi, India. Within a few days the police nabbed the offenders and arrested them. All 6 of them were from northern parts of India who came down to Delhi for making their living. All of them were working as transport workers including driver, conductor, cleaner etc. Within a few days of their arrest, the victim died because of the impact of the assault and internal injuries. The charges against the accused were enhanced from rape to include murder under the Indian Penal Code. Among the 6 accused persons, the prime accused committed suicide. Even though the case was taken over by fast track trial court, it took around 10 months for the trial court to convict the accused and award death penalty to the surviving 5 accused. The death penalty was upheld by the Supreme Court of India in 2017. In between one of the accused pleaded to be considered as minor and was declared as minor and hence was dealt under the Juvenile justice administration system. However neither the Supreme Court, nor the high court prevented the accused persons from exercising their rights to appeal against the capital sentence. The Supreme Court considered this case as rarest of rare cases. Except the minor, other convicted accused did not however succeed in their respective pleas to the Supreme Court to reverse the sentence to life imprisonment and the President for mercy petition.[1]  All four of the adult convicts were hanged in the wee hours of 20th March, 2020. Immediately after this the Covid 19 lockdown was clamped strictly almost all over the world preventing several litigants, victims to approach the courts as courts also suffered due to pandemic.

None of the convicted persons in NIrbhaya case came from socio-economically forward class. Except one, others did not complete their basic education as well.[2] Some researches including the controversial India’s Daughter documentary[3] claimed that lack of education could have been the main reason to defy the laws for violating women in this regard. While almost all such researches and findings were concerned about the perpetrators, not many looked into the fate of the wives of such sex offenders who may not have received primary education and may not have been allowed to access justice for themselves because of being women and living in patriarchal societies. Punita, wife of Akshay Thakur, who was one of the convicts, tried her level best to convince the courts and the society at large in her own way  that if her husband was hanged, she and her minor son would have to die. On the final day of hearing she was seen shouting, crying, beating herself and fainting before the Supreme Court building. Her actions attracted media and she was probably encouraged to continue to do what she was doing because that would add more TRP to the stories that were being made on Nirbhaya sentencing. Soon she made headlines in almost all domestic and foreign news channels and she was center of debates for and against death penalty. Simultaneously she was targeted by internet trolls vigorously.[4]

In the recently held 9th international victimology conference organized by Jindal institute of Behavioral Sciences[5] I had addressed the issue of cyber victimization of Punita through my paper titled “Critical analysis of the case of wife of Nirbhaya rape convict: therapeutic jurisprudence & cyber victimological perspectives”.  While the media could successfully (and probably rightly) generate public sympathy for the rape victim and her family, they generated extreme hatred to Punita because she was apparently ‘supporting her husband’. The internet platforms added fuel to the fire in this hate campaign. If one sees the news reports on Punita Devi on the social media handles of the news media channels, one would get to see that the comments posted about her and opinion generated on her created extremely negative profile of hers which would go a long way to prevent her from getting any job in any private or public sector. It was a visual victimization of Punita on cyber space which still exists on cyber space and will be existing forever. In my earlier research on visual victimization of women on cyber space, I had observed that the victims of such visual victimizations may now know about their online victimization because they may never get access to the internet and digital communication media as their urban counterparts may get, which may eventually help the later to reach the criminal justice machinery to remove these contents.[6]

 Women such as Punita are often seen as ‘co-accused’ by the public at large. Coming from socio-economically backward communities and being educationally challenged, most wives of sex offenders in several Asian countries (where patriarchy rules), may not be allowed to access justice for themselves. Apparently she approached the family court in her native district for divorce because the Hindu Marriage Act under S.13B(2ii) allows women to get ‘quick’ divorce under special grounds which includes conviction of husband for rape, sodomy, bestiality etc.[7] But she was too late in approaching the court. She did not want to live as a widow of a hanged rapist. She preferred to be a divorcee. Women in such situations are blamed by the families and public at large for failing to satisfy their husbands sexually and materialistically which may have encouraged the later to go ahead for raping and sexually assaulting other women. These women cannot go ahead for divorce while the trial is on because this would not only attract social taboo, it will also push such women to extreme poverty: they have to leave the matrimonial homes, they may not be accepted in their parental homes and they may not get any financial support from anyone.

How can Therapeutic Jurisprudence help?  Justice Krishna Iyer  a legendary judge who introduced new paradigm to reformative justice in India mentioned about applying Therapeutic jurisprudence in the prisons for reforming the prisoners in 1970’s.[8] But after him we did  not get to see the use of the term by the judges while dealing with reformative criminal jurisprudence in India. In numbers of my researches however I have shown that the concept of Therapeutic Jurisprudence has submissively influenced the Indian judges.[9] The spirit of Therapeutic Jurisprudence may help wives of sex offenders especially in countries like India. In my earlier research  titled “Free Legal Aid for women and Therapeutic Jurisprudence: A critical examination of the Indian model”,[10]  which was published In the edited book volume titled Methodology And Practice Of Therapeutic Jurisprudence Research edited by Stobbs Nigel, Bartel Lorana & Vols.M , I had observed that women especially from socioeconomically backward communities may not be permitted to access justice even if the legal counseling  is freely available through free legal aid clinics. This situation may be improved by vigorous campaigning by legal aid volunteers and law students. The law students, practitioners and judges must be sensitized about Therapeutic jurisprudence and law’s therapeutic effects which may bring tremendous change in women empowerment. Wives of sex offenders go through tremendous traumatization primarily because they feel cheated in their marriages and then feel threatened when it comes to social security for them. As such, mental wellbeing of these women are least taken care of when the court decides to charge the husbands, i.e. the accused in sex offences. In my presentation in the international victimology conference mentioned above, I have proposed that courts must consider to parallelly counsel such wives through free legal aid cells so that they may be made aware about their rights for divorce, matrimonial alimony, child custody and maintenance for child.

Further, I have also proposed that courts must suomotu consider to pass restraining order for the media houses regarding airing the images of grieving wives, who may or may not be accompanied by their children. These women do not make any ‘drama’ to stall the execution of sentences for supporting their husbands. They express their anger, frustration and fear for their own future which is dependent on the longevity of their husbands. Unfortunately their expression of fear, frustration etc are hugely consumed sadistically by the society at large and due to the non-ending presence of the clippings on the internet, such women may be profiled in a negative way. I have proposed that the scope of Right to be forgotten must be expanded in such cases which the courts must take up extending the power of judicial intervention for ensuring the privacy rights of women. Interestingly many courts across the globe are shifting burden to the website companies for not removing objectionable contents especially when it comes privacy of women and children. India has laws for website liabilities in this regard under S.79 of the Information Technology Act, 2000(amended in 2008). This provision read with Information Technology (reasonable security practices and procedures and sensitive personal data or information ) Rules 2011 mandates that web companies shall be held liable if they do not take down objectionable contents within due time. This brings two major points to be considered: who reports it? Whether this can be considered as ‘protected speech and expression’. Indian judicial understanding regarding freedom of speech on internet is expanding and courts have started using judicial discretion to not to consider each and every speech as speech falling outside the purview of Article 19(1)(A) of the Indian constitution which guarantees freedom of speech and expression as a fundamental right. It is obvious that women such as Punita would not know about such legal jurisprudence. The courts therefore must consider adding this issue in the bag of ‘reformative and rehabilitative considerations’ when awarding the sentences (including life sentence or capital sentences).  This may go a long way to prevent secondary victimization of the wives of sex offenders who are ‘innocent victims’ of the entire situation.

It is therefore hoped that if the issue of online as well as real life victimization of the wives of the convicted sex offenders are seen from the Therapeutic Jurisprudential aspects, the rights of women to access justice, rehabilitation and privacy may be secured.


Prof(Dr) Debarati Halder, LL.B, LL.M, Ph.D(Law)(NLSIU) is a Professor at Unitedoworld School of Law, Karnavati University, Gujarat, India. She is the founder of Centre for Cyber Victim Counselling (www.cybervictims.org) and the India chapter head of International Society of Therapeutic Jurisprudence. She is the pioneer in introducing Therapeutic Jurisprudence as a part of credit course in legal education in India. She can be reached @debaratihalder@gmail.com

[1] See for more in PTI(2020) Nirbhaya case convicts to be hanged at 5.30 a.m. as Supreme Court dismisses plea against rejection of mercy petition. Published on March 20.2020 in The Hindu. URL: https://www.thehindu.com/news/national/nirbhaya-case-convicts-to-be-hanged-as-supreme-court-dismisses-plea-against-rejection-of-mercy-petition/article31114747.ece Accessed on 21.03.2020

[2] For more, see in Profiles: Who were the Delhi gang rape convicts?. Published in https://www.bbc.com/news/world-asia-india-23434888#:~:text=Courts%20convicted%20six%20people%20for,student%20in%20a%20moving%20bus. On March 20. 2020, accessed on 21.03.2020

[3] For more, see in Banned film India’s Daughter shown in rapists’ slum

. Published in https://www.bbc.com/news/world-asia-india-31865477 . On March13. 2015, accessed on 21.03.2020

[4] For example see the comments @ https://www.youtube.com/watch?v=rzwPrx1l9Hg Accessed on 29.10.2020

[5] The conference proceedings and my presentation are available @ https://www.youtube.com/watch?v=c9__aYyD9cA

[6] Halder D., & Jaishankar, K. (2014). Online Victimization of Andaman Jarawa Tribal Women: An Analysis of the Human Safari YouTube Videos (2012) and its Effects. British Journal of Criminology, 54(4), 673-688. (Impact factor 1.556). DOI: 10.1093/bjc/azu026.

[7] Section 13(2)(ii) in The Hindu Marriage Act, 1955 states

 “A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground………. that the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or bestiality”

[8] See for more in Md Ghiasuddin vs State of AP . reported in (1977) 3 SCC 287. Available at: http://www.indiankanoon.org/

doc/1850315/,

[9] See Halder, Debarati, Why Law Fails to Be Therapeutic in Spite of Therapeutic Judicial Efforts: A Critical Analysis of Indian Legal Education From the Therapeutic Jurisprudence Perspective (October 28, 2018). Unitedworld Law Journal, Vol 2, Issue: I, ISSN: 2457-0427, (2018) pp 173-182, Available at SSRN: https://ssrn.com/abstract=3274175

[10] Halder, D. (2019), Free Legal Aid for women and Therapeutic Jurisprudence: A critical examination of the Indian model. In Stobbs Nigel, Bartel Lorana & Vols.M (eds.), Methodology And Practice Of Therapeutic Jurisprudence Research. USA: Carolina Academy Press.

“Netizens” by Dr.Debarati Halder

copyright @debaratihalder

During the COVID-19 19 lock down period between march 2020 to almost the end of October 2020, we have seen steep rise of cybercrimes especially cybercrimes against women. These crimes included different patterns: economic crimes, data privacy infringement, child sexual abuse online and creation of widespread hatred. Social media platforms like twitter, Instagram etc., had been flooded with hate messages, fake news, obscene messages etc. but it would be wrong to think that only web-based platforms had been used to creates online harassments or cyber crimes at large. Handheld phones are not spared either. Communication conveyed over phone had been threatening, unwanted and had also taken the nature of bullying. Both the receivers and perpetrators are nothing but Netizens. The concept of Netizens is fiction based just like the concept of cyber space, which finds it roots in the fiction called Neo romancer.

Individuals who live, survive in internet, on the internet and gain infotainment and use internet for connectivity are known as Netizens. The simple connotation of this term could be citizens of net.

But this term has not found any acceptance in any legal statute, international documents speaking about right to access internet, right to be forgotten or even cyber safety, e commerce. This is a popular nickname for all those who use internet, who have been born in the era when internet was booming and those who are connected to each other through information-digital communication technology. Often, we do get to hear that people belonging to the older generation who adopted internet and digital communication technology (because otherwise they could not have survived due to global digital revolution), are called as net immigrants because they may have get accustomed with the digi-culture. But would not prefer to use this term. Worldwide e-governance growth has involved every citizen to become netizen. Digitization by the governments of birth, marriage and death registrations, social security related data, bank data, school data, workplace data, health data, court data and above all internet and digital communication technology consumption data for the purpose of e-governance has therefore made everyone irrespective of age, gender, class, creed etc, netizens.

Netizens play a great role in shaping the livability of themselves as well as other netizens including women and children netizens on cyber space. Laurence Lessig, a pioneering professor on cyberspace regulation predicted that internet will be a virtual livable space with ‘market’ and it would become necessary for State to carefully frame laws to regulate cyber space. His findings stand firm forever. Netizens are important stakeholders for profit generation for internet companies. They also earn by living on the cyber space. By saying this, I however can not ignore the fact that netizens may use internet and cyber space as a whole for ethical as well as unethical profit gain. Consider the positive profit gaining strategies: legal e-commerce activities, earning from content development, etc. The illegal profit gaining part is heavier. Millions of netizens sell and consume data that may have been generated, stored, processed, trafficked in illegal ways. Data of women and girls are the hot priority in this regard. Almost all stakeholders would unanimously agree that cybercrimes against women and girls are rising because of the unmonitored behavior of several netizens.

As such, if we quickly look into the existing constitutional and legal frameworks of different countries, we can see that almost all countries have knowingly or unknowingly developed certain rights and duties for netizens. These rights and duties are universal in nature and may include freedom of speech and expression, right to privacy, right to access justice, right to information, right to live a dignified life and right to be forgotten. Simultaneously the duties may include duty to respect others rights on the cyber space as well as in real life, duty not to incite hatred, not to infringe privacy, copy right of other netizens including organizations and government data etc. the prime duty of every netizen however is to help the victim of online abuse by reporting right violation because if they remain mute spectators, they would become bystanders and add to visual victimization of the victim/s.

We can also see that existing laws have extended penal provisions to charge the netizens for their wrong doings on the cyber space which may affect lives of others in real life.  But major problem lies in the jurisdictional issues. Netizens are ubiquitous especially. Netizen from one geographic region may reach out to other netizens situated another geo location. Initiating criminal proceedings against netizens in such cross border criminal cases  becomes a huge problem  for the criminal justice machinery especially in the absence of treaties to extradite offenders. The international laws and rules also play a major role in charging netizens for offences which may not be considered as indictable offence in the country where the netizen is residing and operating from.

It is expected that the international organizations and States must come together for working towards creation of universal rules for regulating the activities of netizens. This may help all to live and be remembered in a wonderful cyber space.

Please do not violate the copyright of this writeup. Please cite it as Halder Debarati (2020) ‘Netizens’. Published @https://wordpress.com/posts/internetlegalstudies.com on November 3rd, 2020

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

Covid- 19 : Online harassment of women teachers and students during work from home by Dr.Debarati Halder

image courtesy : Internet

With the spreading of Covid-19 pandemic all over the world including India at a pace faster than the speed of viral videos, all service industries and educational institutes have encountered major shocks. In India the government announced complete lock down on and from 24th March. While many elementary schools closed down immediately sending notices to the parents of the children about precautionary steps to be taken while staying safe at home for children, it was not the same case for undergraduate and postgraduate students. The colleges and universities in India started getting closed partially whereby the classes were stopped on an urgent basis and students were instructed to vacate the university premises including hostels etc in the early second week of March, 2020. Several universities and colleges started taking step to make sure that students must get back to their homes or home places before the major outbreak. By then, China, Italy and Spain reported heavy numbers of positive cases and stakeholders back in India were not able to gauge how fast this may affect us. The schools, colleges and universities still did not allow teachers, faculties and admin staffs to stay and work from home because there were no government circulars in this regard. Soon, it was felt necessary that campuses should close down because Covid 19 was definitely not choosing only children. India started having its own share of positive cases too, even though the percentage was far less than her neighbor China, or countries in Europe.  24th March lock down started in India. Within no time, people started enjoying their ‘sudden vacation’ at many places because many still did not believe that India may attract Covid 19 as rapidly as other countries could. Social media sites like TikTok, YouTube, Facebook, Instagram and Twitter started flooding with memes, funny jokes about quarantine. WhatsApp revived its popularity as a chosen medium to communicate with each other. Within a week or so, several stakeholders could understand this lock down would increase domestic violence problems as thousands of women, who may or may not be financially independent, had to stay quarantined with their abusive partners (husbands) for 24×7 and this encouraged more domestic quarrels, violence and abuses.[1] Several men may have also found them in same situations, but indeed, the percentage of such men may be far more lesser than the female victims.

 In between, the cases of online crimes against women including stalking and sending harassing and threatening mails/messages, creation of fake accounts, revenge porn contents, non-consensual sexual contents, non-consensual image sharing, bullying, trolling, online reputation damage cases also started surfacing. While the State and National commissions for women showed their concern for extending help for  offline domestic abuse cases, online crimes against women did not receive much response even from the social media websites because such web companies also had to follow quarantine rules for their employees : disruptive internet connections also prevented faster approach to the web companies and the police. The later however, may not be expected to look into such issues right now because the police agencies already have the bad reputation of trivialising online crimes and harassments against women.

Given the understanding that lock down may extend beyond 21 days, several schools and universities started turning to online mode of imparting education. Zoom, the video conferencing app,  became the chosen web application for this, closely followed by some other apps including Blackboard coursesites.com. YouTube on the other hand became the favourite platform for students for accessing study materials, reference materials and entertainments during the online classes and beyond the time fixed for online lecture by the teachers.  WhatsApp  however retained its highest popularity among the senior and junior students for connecting with each other during the class hours. But soon it was understood that no platform is free from abuses. High school students  have taken it as a regular habit to make memes about their own classmates, especially female classmates, bully and harass them publicly within the groups; some teens even have gone to the extent of creating fake accounts  of their female class mates on Instagram because they have felt somehow they may not have the desired attention from their classmates while they are online. Female teachers are no exception: several of them may have to encounter bullying from students in groups which were basically created by them to convey about online class timings. Several students may have also gone to the extent of capturing screen shots of Zoom and other online classes specifically targeting girl students.

Almost same pattern of privacy infringement cases was reported for online classes for higher education as well. Zoom became worst reviewed platform for conducting online classes as users including women students and faculties reported privacy infringement and cyber security issues all over the world.[2] Reportedly users of Zoom started experiencing cyber flashing (forcefully sending unsolicited pictures of private parts) [3] : they have also experienced strangers penetrated into the zoom meetings only to throw lewd remarks to participants especially women.[4] Several Indian faculties and undergraduate and postgraduate students may have reported similar kinds of harassments including group bullying, trolling and disruptive communications which may break the  class lecture related communications.

What I see as a graver issue of privacy infringement is clicking screen shots of women faculties and students in name of record keeping. I have noticed that such screen capturing may happen specially at times when the female participant may switch on her camera and her facial image becomes visible. In India, the law is silent in this regard as such capturing of screen shots do not fall under the category of voyeurism or privacy violation as addressed under Ss. 354C of the Indian Penal Code and 66 E of the Information Technology Act, both addressing voyeurism (the former addressing voyeurism for women and the later, for all irrespective gender). It is however understood that when a participant (irrespective of gender and age) is instructed and invited to join a web meeting or online lecture series, he/she may have impliedly given a consent for being recorded.  For children however, questions of such implied consents may never arise because legally, children may not be eligible to give consent. In that case, it becomes a clear-cut case of privacy infringement. But it may become a public wrong only when such picture is used for sexual gratification including self-sexual gratification. But how this is going to be proved unless the device is going to be put under surveillance? Unless some one finds out that such images have been used for sexual gratification, the Information Technology Act and the data protection provisions, including EU General Data Protection Regulations which has guided the framing of Indian Data Protection Bill, 2019, may not offer much help even if the victims are children.[5]

What about adult women then? Unlike children, it would be presumed that they may  participate the online meetings, classes, discussions etc with consent and such consent may imply that their presence may be recorded without telling them at what time they may be recorded while they are online. It is expected that they would be in proper attire so that even if their screen presence is captured, it would not be offensive. But here also, we come back to the same question: who guarantees that  such images would not be captured by anyone else who may be a participant, but not authorised to record the presence of participants? How will the woman know such image (even if captured by the authorised person) may not be used for unethical purposes including sexual gratification purposes? The law may not have any answer in this case also. On the contrary, the woman concerned may have to face more harassment for raising such issues because Sexual harassment of women at workplace (prevention, prohibition and redressal Act), 2013 may not be always applicable in such cases due to lack of understanding of the nature of the grievances and also due  infrastructural issues. Indeed, the claims of the woman may be washed away very easily by defending the situation on the basis of ‘technical and technological misunderstanding’. What we should not forget is, during lock down, quarantine and work from home period, there may be no guarantee that the smart phone or the tablet or the device may not be used only by the original handler : to kill the boredom, family members may access each other’s phones  and may use it for playing prank as well.

         However, not everything is as bad as we are apprehending! I have noticed several teachers and education management groups are turning their Whatsapp groups to ‘admin only’ mode where other group members may not be able to send messages. Indeed, this is a better way to prevent online harassment of women on WhatsApp groups. But the meeting/conferencing/ teaching platform apps are not yet ready to prevent privacy infringement issues.. The online platforms which had remained as secondary platforms, may not be expected to create robust security policies within a day or two. Neither the government and private stakeholders may do that. This will then create another toothless paper tiger which will be more harmful to individuals, especially women and girls. We need to maintain digital safe distancing for our own protection now. We should work collectively towards maintaining internet hygiene for us, our women and girls during the pandemic. We must understand that even when scientists and health professionals may declare Covid 19  as not so harmless, the pandemic of   online harassment of women and girls may not recede. Such contents may surface again and again to remind us what could have been prevented by our simple diligence may never be removed even if the entire web world is disinfected.

We can no longer say “Stay home, stay safe” because as the government decisions suggest, universities and colleges may soon reopen phase by phase. The news of reopening business establishments brought cheers in the minds of people despite the fear of community transmission of the disease. But the reopening of the institutions may further escalate the victimisation of female faculties and teachers who may have been targeted by the online perpetrators. Such victims may even fear for loss of  their job if the nature of victimisation includes creation of fake profiles and the same carries the names of the institutions.   We must understand  that such victims must be supported against further victimisation including possible job loss as they may not even know what had been their responsibility for attracting such sorts of victimisation.  It has become mandatory now to maintain internet hygiene and safe digital distance from possible perpetrators  for the sake of us, the  entire human society!

Please note: please do not violate the copyright of this blog. If you need to cite it/use it for your work, please cite the same as Halder Debarati (2020). “Covid- 19 : Online harassment of women teachers and students during work from home.” Published on 10-06-2020 in  https://wordpress.com/block-editor/post/internetlegalstudies.com


[1] See DebRoy.L.(2020). Domestic Violence Cases Across India Swell Since Coronavirus Lockdown. Published in  https://www.outlookindia.com/website/story/india-news-rise-in-domestic-violence-across-all-strata-of-society-in-the-coronavirus-lockdown-period/350249 on April 7, 2020. Retrieved on 07.04.2020

[2] See Drew Harwell (2020). Thousands of Zoom video calls left exposed on open web. Published in https://www.washingtonpost.com/technology/2020/04/03/thousands-zoom-video-calls-left-exposed-open-web/?fbclid=IwAR1M3yRTYKqUuDJhP0rZLz_z8yDcwrZ5CgQN2yzlsgGA2awhPIEOF31CQlA&utm_campaign=wp_main&utm_medium=social&utm_source=facebook on April 3.2020. Retrieved on 07-04-2020

[3]See Zoe Betty (2019) WHY THE UK NEEDS TO TAKE CYBER-FLASHING SERIOUSLY. Published in https://www.thetimes.co.uk/magazine/style/why-the-uk-needs-to-take-cyber-flashing-seriously-73c0r02f9 on 08-12-2019. Retrieved on 04.04.2020

[4] See Farrer Martin (2020). Singapore bans teachers using Zoom after hackers post obscene images on screens. Published in  https://www.theguardian.com/world/2020/apr/11/singapore-bans-teachers-using-zoom-after-hackers-post-obscene-images-on-screens on April 11,2020. Retrieved on 11-04-2020

[5] See Halder, D. (2018). Child Sexual Abuse and Protection Laws in India. NewDelhi: SAGE Publications. ISBN: 9789352806843

Human Rights on cyber space during the challenging time by Dr.Debarati Halder

Picture Courtesy : Internet

Dr.Debarati Halder

As the entire world went under lock down, we saw a huge surge of online activities since the first week of March, 2020: several organizations changed their work policy to accommodate work from home policy through cyber space. Schools turned to virtual classes. Universities and colleges sought for conducting webinars, online essay competitions, quiz competitions etc to engage the students. Higher education system also opted for online pedagogy which included online thesis submission, evaluation of the same, online viva voce for Ph.D  and Master’s degree evaluation, conducting online sessions on different degree courses, and so on. Resultant, there was a tremendous growth of demand of online meeting platforms which were considered as least essential during normal times. It is but obvious that such platforms started failing participants especially in regard to privacy issues. The WHO guidelines made everyone to rely on online banking, online e-commerce and related transactions and this gave a golden opportunity to the fraudsters to loot people who had to suddenly adapt this digital life culture without properly knowing about digital hygiene, cyber safety issues etc.  the government on the other hand insisted on uploading health apps which would give a clear way for mapping and surveilling health of users and also let the user know about the health data (even though in a very minimum scale) of other users residing in near vicinity.

Parents, schools, universities and colleges, administrators,  police and the courts have remained busy in ensuring that the dangerous pandemic does not engulf the entire society, the homeless and jobless migratory laborers reach their home place (amidst much chaos) and hospitals and health clinics mandatorily open their doors to patients who may be Covid positive. But no law, government orders or policies may control the minds of people and adolescent children who are either up to take revenge in a sophisticated and ‘smart way’, or to sexually gratify themselves or may have adolescent inquisitiveness about sexual issues. It is not only the Bois Locker room that attracts my attention here: millions of issues of online violence of women and girls have been surfacing now.

I take this opportunity to discuss here what are the women’s rights that had been codified by international instruments including the Universal Declaration of Human Rights (UDHR), International Covenants on civil and political rights, socio-cultural -economic rights , Convention on elimination of all sorts of discriminations against women (CEDAW), EU Convention on Cyber Crimes etc. Summing up the rights created/guaranteed /expanded, the following Rights may be considered for understanding how these are supported/violated on the cyber space:

  1. Right to lead a dignified life : This right has been considered as a prime rights as an independent right as well as within the broader meaning of right to life. Right to dignified life may essentially imply that no woman should be considered as a mere sexual object : she should not be subjected to inhuman treatment at home, at workplace or at cyber space. The labour market should not treat her as mere body for sexual enjoyment. She should not be subjected to flesh trade under any circumstances and the workplace should ensure her right to dignified life irrespective of her work profile.

But is this right being upheld on cyber space? several researchers and practitioners including myself had researched upon several patterns of online harassment of women and this may include gender bullying, trolling, doxing,  online flesh trade, unauthorised access to device, data, profiles etc, cyber stalking, creation of fake avatars for wide defamation, non-consensual image capturing and sharing, voyeurism, revenge porn, creating and sharing obscene contents targeting women and girls etc.[1]  Be it gender bullying, trolling, doxing or cyber stalking, or creating fake avatar or gratifying revenge taking mentality or sharing non-consensual images, it may be seen that women are denied a right to lead dignified life on cyber space. consider the recent case of one TikTok user who had been charged for creating videos showcasing physical assaults, sexual assaults to women and allegedly instigating for physical violence targeting women.[2] Neither Facebook, nor Twitter, nor Instagram, nor YouTube, nor TikTok have taken any measure to control such showcasing of violence and harassment of women. TikTok is flooding with thousands of videos showcasing harassment of women: some show women being beaten, some show women being touched inappropriately, some also show women in indecent manner especially when it come to sharing non-consensual images at public functions, public places etc. YouTube however leads in such cases if I talk about “funny videos” : there are ‘funny wedding falls”, “funny crying brides” “funny garland exchange scenes” to vigorous trolling of women who may show case their culture, homes, cooking skills etc. Several women have also reported cyber stalking by their male colleagues and supervisors at workplace as well. As a cybercrime victim counsellor, I have received hundreds of cases where women have been victimised by way of creating fake avatars, majority of which are of the nature of revenge porn. The laws created to safeguard the right to lead a dignified life for women have also failed them several times: during this lockdown, police may not be able to assist women who may report bullying, doxing or trolling or creation of revenge porn or sextortion etc unless it is attracting a bigger interest like that of Bois locker room case. Several women had been turned down by the police by making them understand that these are trivial offences and the police may not be able to assist them in spite of the fact that such offences may be considered as cognizable.

  • 2.Right against discrimination on the basis of gender, color, creed, race etc: This is considered as a prime right under CEDAW. But women have been vigorously targeted defying this very right. Consider the case of Sara Baartman, who had been an exhibit on the topic of racial and gender discrimination for over two hundred years now: She was bought by white businessmen from South Africa  to earn money over showcasing her body shape which was am matter of huge sexual curiosity in Europe during  19th and 20th Century. She died in 1815. But the so called civilized society did not leave Baartman even after her death: her mortal remains and skeleton were kept in Museum of Man in Paris which further attracted visitors to see her mortal remains including her genitalia. It was only in 2002 that the civilized society decided to finally put Sara to rest,[3] but not before making her as a symbol of racial porn icon which still floats on internet. The same lust for black, Latino, Asian, women still can be seen on porn sites which earn huge revenue from the consumers of armature porn,  racial porn, black porn etc.

Leaving aside the sexual gratification part, internet and cyber space also host loads of contents and pages which are discriminatory in nature. Almost all the web companies host (knowing or unknowingly) several pages where women from different age group, of different color, belonging to different race, caste or creed and nationality and socio-economic background are constantly bullied, virtually dissected and routinely harassed. Several of such women may not even know that they are being harassed on the cyber space by way of creation of contents which may be in the nature of bullying, trolling, creating racially/sexually abusing still/video contents etc.

  • 3.Right to livelihood: This is the most interesting right that needs to be discussed in this context. Internet has provided different ways of livelihood to women: be it earning money by showcasing different types of skills on YouTube, or by promoting particular brand/s of cosmetics or spices or clothes or electronic items etc, or by being a blogger, content writer etc, women did get a platform to earn money. This however also includes acting on porn platforms. Interestingly, the laws existing in different jurisdictions (barring certain countries), do not hold women criminally responsible if they participate in creating sexually explicit contents which may fulfill certain legal conditions: for example, the said content is created through proper legal mechanism with full consent of the actor, the content creator/host has certified that the same is strictly meant for adult entertainment purposes and has explicitly displayed age restriction in the opening page of the content, has not used any child for creating such contents and has taken due diligence to restrict sharing of such contents to children .  But if seen from the perspectives of privacy infringement and related shaming/doxing/defamation perspectives, it may be seen that users of internet may go beyond the aims of tech companies (who would promote the platforms for using it for earning livelihood), to block right to livelihood for women. Thousands of women may have lost their jobs, or job prospects because of revenge porn or nonconsensual porn contents that may have shared knowingly to have unethical gain by perpetrators. The Intellectual property rights of women who may have tried to earn a living by showcasing their skills on the internet, have never been recognized or may have been violated grossly. Again, profiles of some women may also have become a regular source of income for the perpetrators who may illegally use such profiles to dupe others.
  • 4.Right to legal aid and fair hearing: Every individual has an inherent right to access legal help, free legal aid and fair hearing. This applies to perpetrators and victims, men, women, children and people belonging 3rd gender as well. If we speak from the perspective of cyber crime victims, it may be seen that women victims may not always be given proper hearing for different types of online harassment cases. As mentioned above, several types of harassment may be seen as trivial offences. Many of the harassment are neither recognized by laws as criminal offences as well. Even though several international stakeholders including UNICEF has also acknowledged the patterns of online criminal activities like revenge porn, doxing etc, the same could not be added as criminal offences by several Governments for reasons known best to them. This has definitely hampered creation of proper legal and criminal justice infrastructure where the police had remained untrained for dealing with such sorts of victimizations.  There are however, several attempts to address certain types of online harassment by pulling legal understandings from different provisions which are not necessarily meant to address the said harassment : for example, the concept of bullying and trolling have been addressed by expanding the scope of defamation and criminal intimidation  laws, issue of non-consensual image sharing have been largely covered by voyeurism and copyright laws and the stakeholders have tried to cover revenge porn under the voyeurism, creation/sharing of sexually explicit contents etc. None of these could actually yield fruitful results all over the world. Resultant, we get to see less reporting of the online criminal activities targeting women and even lesser conviction rates.
  • 5.Right to privacy: This may be said to be the basis of all other rights discussed above especially from the perspective of rights on cyber space. The more the digital communication technology progressed, the human society had seen more privacy infringements. The web companies at the beginning had put more emphasis on the negligence of the users/contributors to protect their privacy while the former argued that their platforms provide for privacy and safety setups that are user friendly. But soon it was seen that neither the data bank of the hospitals, the government departments, banks, nor that of the web companies are safe. Women including women users of cyber space are sandwiched between the privacy infringing individual perpetrators, and also the web companies.   Privacy on the cyber space has become a myth now. With the growing rate of capturing nonconsensual images and sharing the same on online platforms without permission, it is evident that the concept of privacy on cyber space has expanded its scope to cover the issue of privacy on physical space as well.

But everything is not always dark. NGOs working on awareness building could reach a milestone where women have started understanding that such online harassments actually violate their basic rights. The more the victims would use the reporting mechanism, the more the courts and the law makers would understand the pressing need of making laws and ensuring proper implementation of the same. It is expected that such awareness may lead to larger human rights movements.

Please note: Please do not violate the copyright of this write up. If you need to cite it, please cite it as Halder Debarati(2020). “Human Rights on cyber space during the challenging time”. Published in https://wordpress.com/block-editor/post/internetlegalstudies.com/576 on 30th May, 2020


[1] Halder D., & Jaishankar, K (2016.) Cyber crimes against women in India.

New Delhi: SAGE Publications. ISBN: 9789385985775

[2] https://www.indiatvnews.com/entertainment/news/tiktok-star-faisal-shaikh-mr-faisu-trouble-vilolence-against-women-complaint-filed-latest-video-619610

[3] https://www.bbc.com/news/magazine-35240987

Covid-19 lock- down and cyber victimization of women by Dr.Debarati Halder

Image courtesy: Internet

Since 16th March, 2020 most of the countries started planning for partial lockdown for preventing the fast spreading of Covid -19. By 22nd March, most of the countries in Europe, Asia, Africa and in the USA , Australia etc called for total lock down. India was no exception. Almost all universities, colleges, schools and other workplaces faced the impact of lockdown. People including adults and children became extremely confused as there was no specific indication as when worldwide lock down would be lifted. Europe saw a rapid increase of the Covid-positive patients. USA joined soon. Many Asian countries including India could not afford to let people do their business as usual. Indian government called for a lockdown period for 15 days first. But before the finishing the of 2 weeks period, the government had to reconsider and extended the lockdown period till 3rd May, 2020. However, several State governments in India are considering for further extension because the numbers of Covid 19 patients are increasing.  Schools and universities decided to conduct online classes with huge preference to Zoom. Adults and children shifted more to online entertainment because television industry came to a standstill due to lockdown as well. However, the tele industry did consider sharing old versions of the daily soaps.

While people went in lockdown, many took to internet to entertain each other : social media sites including Facebook, Instagram, YouTube, TikTok, and digital and internet communication apps like WhatsApp  etc soon saw a flood of user generated contents which are now hugely consumed by others. Not all of these user generated contents are actually for entertainment for all. There were several contents which were and are still being made specifically   to target and harass women and girls. The first platform that started getting contents for gender harassment, especially harassment to women was Zoom app which was being used by most of the educational institutes and workplaces for holding online meetings, classes, webinars etc. In several cases it was seen that Zoom meetings were unauthorizedly accessed by unwanted persons who started posting harassing, sexually explicit comments, disrupted meetings with exposing private parts, showing masturbation etc. Soon Zoom authorities came with a pubic declaration that cyber security and safety measures of the platform were not strong enough to tackle such sudden huge use.[1] Who could actually be held responsible for such unauthorized access then? The web platform implied that organizers of the zoom meetings and classes must take precautionary measures. But were we really ready and aware and to take such precautionary measures? Probably no.  The Zoom app mismanagement actually led to four kinds online crimes :

Unauthorized access to the meetings

Data privacy infringement

Creation of sexually explicit contents

Making gestures etc to harm the modesty of women

While this is just one kind of offence, online harassment of women did not remain restricted to this only. Given the fact that during lock-down most of the stakeholders of criminal justice machinery including the police and courts and the web companies are working with limited man power and infrastructure facilities, perpetrators have taken this time to escalate harassment. The communication apps like Whatsapp, Facebook messenger etc are now flooding with online bullying. This is seen especially in the school and college groups. These platforms have become chosen platforms for throwing harsh, insulting, intimidating comments towards classmates, batch-mates and also towards the teachers, especially female teachers, colleagues and users. I myself had been targeted by some bullies and stalkers  on Facebook messenger and Whats App as well.

Apart from this, the other patterns of online harassment which has raised to a maximum height during the Covid -19 lockdown stage, that came in my observation is creation of impersonating profiles on social media. We must however appreciate the fact that impersonation by using unique identities have been considered as an offence Under S.66C of the Information Technology Act, 2000(amended in 2008), which speaks about punishment for identity theft and says “whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh”

Several of such impersonating profiles are of the nature of revenge porn.  some may also fall in the category of sexually explicit and voyeuristic contents , but may not have the mens rea as that of revenge porn ( the element of revenge taking mentality is not present), especially since these images may have been captured in the public places or may have been collected from other profiles etc.[2] TikTok and YouTube are of no exception in this matter. People are restricted in their homes; they have taken to TikTok content creations which may include uploading contents including women doing different activities,  that may have been captured in public places. Consider videos showcasing women cooking and sweating, eating at weddings, resting at home by lying down or in a leisure posture, women and girls walking on the roads, at college/school campuses, working in a working place etc: TikTok content  creators may take such audio visual images, pickup any specific posture of women that may be consumed more by viewers and may upload such clippings with texts (sometimes sexually explicit) and background sounds that may be available on Tiktok or may be created by the users . One must not forget that TikTok was questioned earlier on their lack of due diligence for not taking down abusive contents earlier by Supreme court of India: Google Play services removed TikTok from their platform as well. But soon TikTok cleared all legal hassles and came back in android services again. [3] No doubt, the App is back again for being (mis)used to harm the modesty of women and infringing the privacy of women and children during quarantine time when the victims may feel more restrained to reach out to criminal justice machinery and the websites.

But we should not think that this is an exclusive problem of India only. I did get to hear about sudden growth of online harassment targeting women from different regions of the world: be it USA, Australia, South Africa, UK , Ireland or even our neighbouring countries like Nepal, Bangladesh or SriLanka .women, including working women, volunteers who may have come to different Asian countries from the US etc, health workers, law students and professionals, every where women are facing similar problems to reach out to criminal justice system to report crimes. Even if they may reach out, the police and the courts and the websites as well are not in a position to offer a quick help.[4]  

Several stakeholders may provide several suggestions to stay safe online and maintain the hygiene of the devices to save ourselves, especially women from rising level of cyber crimes during lock down period.  But are we concerned about the mental health conditions and impact of victimisation of online harassment on women during lock down? Several women may be living with abusive partners, husbands who may have cheated on them, or even other women family members who may have been victimised online and who may in order to share the trauma, disclosed the victimisation to the former. Unlike trauma that may generate from physical harassments, online harassments during lock down may bring unique traumatising effects. Devices handled by women may be detained and they may  not be allowed to contact anyone in case the harasser spreads his vicious net to reach out to husband or other male members of the family. Victim women may even go to the extent of self-harming too. They may even try to destroy the evidences of online harassment by deleting the contents from their phones if the harassment is in the nature of bullying or threatening message etc. In case of revenge porn content or in the case of non-consensual image sharing, victims may even try to block the profiles without saving the evidences. In several other cases, they may take up irrational coping mechanism like counter bullying or contacting the perpetrator asking him to take down the contents. they may even try to contact amateur hackers, which may prove extremely dangerous for them. Emotionally such women victims may become completely withdrawn and may even show aggressiveness as well.

What could be done in such situations as lock down in India has been extended for the third time. My opinion in this regard is as follows:

  • The police control rooms in each district must open a dedicated 24-hour service unit specially equipped with infrastructure and properly trained police personnel who may handle such digital harassment cases and evidences to receive complaints from the victims, especially women victims of online harassment.
  • Some types of online offences have been recognised by our domestic laws; some however have not received any focussed laws. But that does not mean that only offences that may contain complaints towards creating porn contents, threatening and defamatory contents etc, may be given priority and FIR may be registered for such offences which may fall within the meaning of cognizable offences. The police must entertain all complaints and must guide the victims in all cases.
  • Police may rope in NGOs, cyber crime and cyber law experts to create an expert committee in every district and metropolitan area to provide immediate counselling to the victim as how to save the evidences of online harassments and how to share the same with the police for the purpose of investigation.
  • Victims may get an immediate feel of relief when they are told that their complaints are registered. The police therefore must not neglect to look into each type of compliant. Such gestures from the police may prevent the women victims from committing self harm or from taking any irrational steps to saver their reputation and that of their families.
  • Courts and prosecutors must also consider extending their support whereby judicial magistrates may join such endeavours to support the victims. We should remember that it is only adults, but children may also be involved as victims as well as perpetrators. Unless the courts are extending supports through electronic mediums, it would become extremely difficult to win the trust of victims as well as general public for Criminal Justice machinery at this time of lock down.

Last but not the least, we must not forget that in cases of online harassment of women, web companies are the foremost liable sectors. The Due diligence clause must not be suspended due to lock down. The web companies must consider each and every take down request and reports on objectionable contents and must adhere to Indian legal understanding for restricting the access to such contents.

Indeed, the Lockdown period is a testing time for the entire human civilisation. But if we do not restrict unethical and illegal usage of information technology, the impact of online harassment may be more traumatising than the Covid-19 experience.

Stay safe, stay strong and do not misuse the Information and digital communication technology.

Please note : This writeup was first published in https://debaraticyberspace.blogspot.com/2020/05/cyber-crimes-targeting-women-during.html. Please do not violate copyright of this blog. If you would like to use information provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder Debarati. (2020), “Covid-19 lock- down and cyber victimization of women” May 2nd, 2020, published in https://debaraticyberspace.blogspot.com/2020/05/cyber-crimes-targeting-women-during.html


[1] See  https://www.financialexpress.com/industry/technology/govt-of-india-issues-advisory-says-zoom-not-secure-video-conferencing-platform/1930509/

[2] Halder.D(2017) Criminalising Revenge Porn: Why Stakeholders Must Not Be Happy With Present Legal Setup. Published in Livelaw.in magazine @

https://www.livelaw.in/criminalising-revenge-porn-stakeholders-must-not-happy-present-legal-setup/

[3] https://www.indiatoday.in/technology/features/story/tiktok-is-back-on-app-stores-from-ban-to-court-order-here-s-everything-you-need-to-know-1513644-2019-04-30

[4] For more, see https://kathmandupost.com/national/2020/04/23/how-one-pokhara-resident-led-a-smear-campaign-to-get-an-american-kicked-out-of-the-country

Liabilities of WhatsApp group admins: A critical legal analysis from Indian legal perspectives by Dr.Debarati Halder

picture courtesy : Internet

Over the years we have witnessed gradual development of internet and digital communication technology and rapid over flow of users of the same who may or may not know the digital socio-legal culture. This internet and digital communication technology that I have mentioned here, primary includes WhatsApp. When this platform started becoming popular in India since 2014-15 onwards, it also became popular platform to form opinions, disseminate news including fake news, harassing remarks for group members and other individuals who may not be group members but may be known to one or other group members. Soon Indian users could get connected with users from other jurisdictions through WhatsApp and the groups formed on the basis of WhatsApp became better connected than networks of people connected on Offline. Consider groups like law teachers’ groups, or groups formed on the basis of common interest like terrace gardeners, animal lovers, theological groups, chartered public vehicle commuters’ groups, health service providers groups etc.: members did not necessarily stay in the same locality, did not work in the same organization or may not speak the same vernacular language. But what bonded them was their common interest. This was some thing more popular than Facebook which was ruling internet during 2012-18 era. Slowly WhatsApp became more popular with specific service people like the IPS or IAS association (non official groups) and judicial officers’ groups. The popularity grew because individuals could actually control who would view their opinion and images that may have been ‘consensually’ shared by the members. It must not be however forgotten that WhatsApp has also notoriously become a platform for several online crimes including crimes against State, against individuals, cybercrimes against women[1] and children,[2] economic crimes,[3] cyber terrorism[4] etc.

Understanding stronger confidentiality setup of WhatsApp, soon workplaces and schools also started their own WhatsApp groups. Presently almost all organizations, schools and educational institutes have their respective division /unit/team-based WhatsApp groups. Some of these groups are moderated and monitored by senior members of the organization or the HR department member or the creator of the group or teachers (in case they are the creators/members of the said groups). The bright side of the story is, people can get the necessary information in their hand phones (which may include WhatsApp services) and they may not necessarily look into their mails unless it is for immediate verification necessity.  Mails now have become more official and WhatsApp groups are more personal. The negative aspect is quick circulation of offensive, harassing and unwanted contents.

Here comes the question of liabilities of three groups especially regarding creation, publication and circulation of offensive and unwanted contents. These liabilities may vary according to the age of the creators/publishers/circulators and position of the creators/publishers/circulators. ‘Position’ here necessarily means the website who is hosting the communication, the admin who is moderating or who may have created the group and general members who may be the creators/publishers/circulators of the content.  This three groups are as follows:

Let me first start with the website. WhatsApp as the web platform of the communications or Facebook as the parent company facilitating WhatsApp, may seek their excuse from any legal tangle in case of creation, circulation, publication of any offensive contents by virtue of Due Diligence clause which they exercise in almost cases of creation/circulation/publication of contents which are offensive. For this purpose, we need to understand the Indian version of Due Diligence law which can be found in S.79 of the Information Technology Act, 2000(amended in2008); the first two subclauses address the points which may be used by the websites. To summaries:

Websites or intermediaries who provide services including web hosting services, search engines etc (as per S.(w) of the Information technology Act, 2000(amended in 2008), may not be liable for any third-party activities carried out on their web platforms if such activity (which includes creation/publication/circulation etc. of any offensive, harassing etc. contents) is not initiated by the website, the website dies not select the receiver of the transmission and the website does not select or modify the information contained in the transmission. The website or the intermediary will also be excused from the third party liability in case the same has practiced due diligence as per the laws, rules and guidance as has been mandated by the Indian government. These Rules are mentioned in Information Technology (Intermediaries guidelines) Rules, 2011, which have further been suggested for amendment. [5] As such, these Rules include the following responsibilities of the intermediary or the web platform:

  • Publishing of Rules, regulations, privacy policies and user agreements which will clearly make the user understand that posting/transmission of/uploading/modification  etc of contents which may be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;  harm minors in any way;  infringes any patent, trademark, copyright or other proprietary rights;  violates any law for the time being in force;  deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person;  contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; (k) threatens critical information infrastructure.
  • Provide all support to the criminal justice machinery to disclose incidences of cyber security, the identity and all other relevant details of the harasser/originator of the offensive content.
  • Not to host/transmit/publish etc any information which the website management known to be illegal and offensive.
  • Provide periodic update on the policy of the web company related to users liabilities, rights and duties etc.
  • Take down reported content within considerable time of maximum 24 hours (as the draft Intermediary Guidelines (Amendment) Rules, 2018 indicates). [6]

In short, the web companies, intermediaries may not be directly liable for WhatsApp mess-ups that may be done by the individual users.

The second party which may attract the liability for publication/creation/circulation of any offensive content on the platform is the group admin. Now, let us first understand who are called as ‘group admins’:  WhatsApp provides certain features especially for group chats and this includes monitoring of the group by designated persons who are known as admins. Admins may not necessarily be the creators of the group. However, the latter may always remain as admin in spite of creation of multiple admins by him/her. Admins may have the power and authority to include and exclude members, block members, restrict the publication of comments[7] and create group policies which may be used to restrict a particular member/s in case of violation of the same.  Indian courts have in numbers of occasion, held that group admins may not be held liable for the activities of the members of the group in case the said admin had shown due diligence to restrict publication/circulation/creation of offensive comments.[8] This due diligence is however derived from the understanding of criminal law sanctions mixed with tortuous liabilities. For example, consider the followings:

  • If the group admin has not been made group admin consensually and he does not know the subject of discussion of the group, he may have a very narrow defence of being misled  by other admins/creator who forced him to join them in criminal activities like creation/publication/circulation of offensive contents which violate the existing laws of the Land.
  • If the group admin himself had not created/circulated any offensive content and had warned any user for not sharing/posting etc any content which is offensive, he may not be made liable for creating/sharing contents which may be offensive under any law if any member had even for some time (when the admin was not expected to watch/monitor the group) had posted/circulated some offensive content. But in such case, if the content falls in the category of child sexual abuse material which may be categorised under S.67B of the Information Technology Act, 2000(amended in 2008) or POCSO Act, the admin may not avail any excuse.
  • In case the group admin is a child, the question becomes tricky. If the group is specifically made by minors, the police, the prosecution and the court have to see who may have provided the basic assistance in accessing the web platform and the contents (including the offensive contents). Necessarily in such cases, courts may have to use the principles of vicarious liability because a child may not be eligible to own a SIM card unless an adult provides him the same. Here, the basic understandings of contract laws and age of maturity may be applied.[9] Now, let us see the case of the WhatsApp group of students of an elite school in Mumbai where minor students were discussing about child sexual abuse of their own female classmates:[10] parents may be made vicariously liable in such case, which actually did not take place, may be because here the parents of the accused children themselves alerted the school and restricted further violation of rights of those children who were targeted for the sexual fantasy of the adolescent boys. But here one needs to check whether personal information including images of the ‘victim children’ were disseminated unauthorizedly or not, or whether it was restricted only to the use of names. In both cases POCSO Act may be applied (in the latter case , Ss.11 (sexual harassment), 13(use of children for pornographic purposes) and S.14 (punishment for using children for pornographic purposes) of the POCSO Act may be narrowly applied.

However, if the group admin/s knowingly allow creation/circulation /publication of posts which may be offensive in nature, they may not get any excuse from the clutches law specifically made to punish the commitment of such acts like creation/circulation/dissemination of obscene images (S.67), sexually explicit contents (S.67A), voyeurism and sharing non-consensual images (S.66E of the Information Technology Act, 2000(amended in 2008) and S.354C of the Indian Penal Code, defamation (S.499, 500 Indian Penal Code), sharing information which has been restricted as seditious material under S.124A IPC or any other law which may restrict freedom of speech in the line of Article 19(2) of the Constitution of India, all of which may be read together with Ss.107 and 108 of the Indian Penal Code and S.84B of the Information Technology Act, 2000(amended din 2008)( laws related to abetment of offence ).

            Coming to the liability of the third group of users of WhatsApp, it may be seen that if a user/user create/publish/circulate any content which is offensive in nature, they may be liable as per the respective legal sanctions. However, the act of forwarding any content has also been considered as within the scope of defamation laws (under S.499/500 IPC ) or in case of online harassment of women and children, within the meaning of different kinds of offences recognised by law including voyeurism, stalking, non-consensual image sharing, indecent representation of women, child sexual abuse, grooming etc.

But the question larks on the issue of machine and artificial intelligence, which may make the admins responsible in case they may not be aware about the usage. For example, if the admin is a new user or not accustomed with the privacy and security features of WhatsApp, he may not be able to restrict certain ‘posts’ which may be published because of the machine intelligence: this may include certain words which the phone may suggest presuming the first few alphabets. He may neither be able to restrict a member which may have been suggested by the computer system of the platform and the device. Further, he might also not be able to remove certain posts which may have surfaced in the group due to resharing or forwarding by other members. Here, the group admin’s liability must be seen exclusively. Websites or intermediaries however would not be liable by virtue of the proviso clause of Rule 3 of the  Intermediary Guidelines Rules, 2011 (and also Amended draft version of 2018), which says  “……………….the following actions by an intermediary shall not amount to hosting, publishing, editing or storing of any such information as specified in subrule(2): (a) temporary or transient or intermediate storage of information automatically within the computer resource as an intrinsic feature of such computer resource, involving no exercise of any human editorial control, for onward transmission or communication to another computer resource; (b) removal of access to any information, data or communication link by an intermediary after such information, data or communication link comes to the actual knowledge of a person authorised by the intermediary pursuant to any order or direction as per the provisions of the Act.”           

As may be understood from the above, WhatsApp group admins therefore may not always claim to be immuned especially when they were aware of the group activities, they had not practiced due diligence from their side and they had published or forwarded offensive contents themselves for the wider circulation of the same.    


*Prof(Dr)Debarati Halder, LL.B.,  M.L., Ph.D(Law)(NLSIU) is the Managing Director (Hon) of Centre for Cyber Victim Counselling (www.cybervictims.org) .  She can be reached @debaratihalder@gmail.com

[1] See Halder D., & Jaishankar, K (2016.) Cyber crimes against women in India.

New Delhi: SAGE Publications. ISBN: 9789385985775 for understanding types of cyber crimes against women and laws.

[2] See Halder, D. (2018). Child Sexual Abuse and Protection Laws in India. New

Delhi: SAGE Publications. ISBN: 9789352806843, Halder D., & Jaishankar K. (2014). Patterns of Sexual Victimization of Children and Women in the Multipurpose Social Networking Sites. In C. Marcum and G. Higgins (Eds.), Social Networking as a Criminal Enterprise (pp. 129-143). Boca Raton, FL, USA: CRC Press, Taylor and Francis Group. ISBN 978-1-466-589797 for more understanding on types of cyber crimes against children.

[3] See for example, Kurowski, S., (2014). Using a whatsapp vulnerability for profiling individuals. In: Hühnlein, D. & Roßnagel, H. (Hrsg.), Open Identity Summit 2014. Bonn: Gesellschaft für Informatik e.V.. (S. 140-146). Available @ https://dl.gi.de/handle/20.500.12116/2633 Accesed on 21.01.2020

[4] See for example, Broadhurst, Roderic and Woodford-Smith, Hannah and Maxim, Donald and Sabol, Bianca and Orlando, Stephanie and Chapman-Schmidt, Ben and Alazab, Mamoun, Cyber Terrorism: Research Review: Research Report of the Australian National University Cybercrime Observatory for the Korean Institute of Criminology (June 30, 2017). Available at SSRN: https://ssrn.com/abstract=2984101 or http://dx.doi.org/10.2139/ssrn.2984101 Accessed on 20.01.2020

[5] By way of Intermediary Guidelines (Amendment) Rules, 2018

[6] The Intermediary Guidelines (Amendment) Rules, 2018 also mentions that if the intermediary has more than 50 fifty lakh users in India or is in the list of intermediaries specifically notified by the government of India, it shall:

(i) be a company incorporated under the Companies Act, 1956 or the Companies Act,2013;

(ii) have a permanent registered office in India with physical address; and

(iii) Appoint in India, a nodal person of contact and alternate senior designated

functionary, for 24×7 coordination with law enforcement agencies and officers to

ensure compliance to their orders/requisitions made in accordance with provisions

[7] For more understanding, see https://faq.whatsapp.com/en/android/26000118/?category=5245251 Accessed on 12.01.2020

[8] For example, see Ashish Bhalla vs Suresh Chawdhary & others, 2016. Accessed from http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=242183&yr=2016 on 21.01.2020

[9] For understanding this, we need to see S.11 of the Indian Contract Act, which says minors, persons of unsound mind and persons disqualified by law may not be able to enter into any agreement.

[10] See India Today Webdesk. Schoolboys at posh Mumbai school talk about raping classmates, ‘gang bang’ in horrific WhatsApp chats. Available @https://www.indiatoday.in/india/story/mumbai-ib-school-students-whatsapp-chat-horror-1629343-2019-12-18 . Accessed on 21.01.2020