Man in Derbyshire uploads distributes breast pictures of his neighbor who borrowed the computer to upload the pictures for medical purposes. while returning the computer, she forgot to delete them.Accused shared the pictures because he was allegedly irritated by the victim. The court convicted the accused of revenge porn. Held that the pictures were not captured by the accused for sexual purposes, but were distributed for taking revenge. The court, which took note of the victim’s distress condition, ordered the accused is ordered two months prison sentence, 80 hours of unpaid work and restraining order prohibiting him to connect with the victim. https://www.derbytelegraph.co.uk/news/derby-news/derby-man-sent-revenge-porn-3280054
Pornhub owner earns money from the revenue generated through advertisements, rejects the claim that they allow revenge porn contents on their websites. But the reality is different. Victims state even police can not help in preventing uploading of revenge porn in such websites and detecting the perpetrators. Website liability is questioned. https://www.bbc.com/news/technology-49583420
Online trolling is one of the most prominent types of cyber victimization of women in the present age and it is least taken care of by criminal justice machinery. It is indeed the most prevalent form of abuse against women and it’s an alarming human rights issue. Online abuse of women may include various forms including bullying, trolling, stalking, misogynist comments, racial bullying etc. Trolling have heavy potential of damaging honor or reputation of women. Trolling can be defined as ‘an extreme usage of freedom of speech which is exercised to disrupt the community discussions in social networking sites and which is done to deliberately insult ideologies such as feminism, secularism etc.; of the topic starter or the supporters of the topic starter.’ In this digital era, most people consider internet as a podium which provides them the anonymity to victimize others. As a result, the potential perpetrator including the troll is often encouraged to create more havoc with the victim’s life and freedom. Unfortunately, the internet has always been a hostile place for women. Trolling including misogynistic trolling is one of the worst forms speech which has often escaped the clutches of law due to carious reasons . Trolling not only infringes privacy of the victims, it also affects women’s right to participate in economic, social and political affairs. Women in India have reported facing severe online abuse on the socio-verbal platform #Twitter. Trolls have used racial, sexist, homophobic or misogynist to belittle or degrade women’s identity or social status. In most instances, trolls may be complete strangers who would come up for trolling for fun . Unfortunately there is no focused law for regulating trolls or trolling. The exact nature and scale of online abuse by women because of trolling in the Indian context is still under-researched. Amnesty International’s Decoding Project, “Troll Patrol India” is currently researching on this very issue. This project is encouraging researchers/ volunteers to analyse the nature of trolling and report the trolls . It has been noticed that pre and post general elections 2019 in India, there were huge incidents of trolling targeting women including female politicians, journalists, lawyers etc . The social media platforms such as Twitter where the instances of online abuse are most prevalent, need to take responsibility of protecting human rights of women to ensure that women using this platform are able to freely and fearlessly express their thoughts. The Troll Patrol India Project has engaged over 1500 Decoders from all over the country that has analyzed over 4 lakh comments that include homophobic language, explicit sexist, racist, ethnic or religious slurs. Misogynist, racist trolling is showing no sign of slowing down especially towards the women. Amnesty International’s Decoding Project aims to research on typology of abusive Tweets targeting women. The project will form a considerable pool of research to impart light on how these trolls may dissuade women from freely posting their views on online platforms such as Twitter. In recent times, there have been many ‘women in tech’ initiatives, and things are changing ponderously but it is important to make the internet a safer platform for women. After all, it is necessary to protect the freedom of speech and expression of every woman by ensuring them their online privacy and a safe online environment. The need of the hour is to tackle online violence against women very seriously to uphold women and their enshrined rights in India. Surely, the intermediaries must have to play a bigger role in reaching out to this balance to provide women their online safety.
Bhati. BBA-LLB, 3rd year, Unitedworld School of Law, Karnavati
University. The author is also a project member (Amnesty Decoder) of the
Amnesty Decoding Project, Amnesty International India. The author
can be reached @ email@example.com
**This write up has been conceptualized by
the author from the Amnesty Decoding Project.
 Halder, D.
(2013). Examining the scope of Indecent Representation of Women (Prevention)
Act, 1986 in the light of cyber victimization of women in India. National
Law School Journal, Vol. 11, 118-218 at p. 196.
Two men get arrested under Sections 20 (offences against the dignity of a natural person), 21 (offences against modesty) and 24 (cyber stalking) of the Prevention of Electronic Crimes Act (Peca), 2016.and Section 109 (abatement) of the Pakistan Penal Code (PPC) for harassing women with objectionable contents over WhatsApp in Pakistan https://www.dawn.com/news/1503129
35 year old Philippine woman who was arrested in July, 2019 for sending photos of her 4 year old son being sexually abused through an online messaging platform in lieu of money, is now sentenced for jail for 25 years by Philippines court. The woman is also sentenced to pay fine and damages. https://www.sunstar.com.ph/article/1821966
Information communication technology and digital communication technology have opened up new vistas for human relationships. The innovative technology with the help of Artificial Intelligence (AI) can now read minds, predict illness, predict crime occurrence, enhance the professional and social network, and help in better analytical understanding of subjects. But it can also leave devastating impacts on human life. It can alter the data (including personal data), harm social reputation and can even instigate victims to take extreme steps like committing suicide. All these may be done by positive and negative usage of artificial intelligence which plays the base role for empowering Apps which in turn may be used for positive and negative usages. Artificial Intelligence (AI) has been used by web companies like Facebook for facial recognition of users earlier. AI has also been used for companies (other than web companies) for processing employee data. In short, AI has been used to access private information of individuals either consensually or without consent. Here are three ways as how AI may create an uncomfortable situation for women specifically in India :
Recognition Apps and harassment of women: Remember the time when Facebook suddenly
started asking for nude photos individuals for upgrading their own safety
system apparently for providing safety mechanisms for subscribers? This
project was intended to build up a safety mechanism against revenge porn with
the help of Artificial Intelligence. Facebook wanted to empower their
subscribers, especially women to report revenge porn. But before that, the
company wanted to ensure that the revenge porn content showcased the image that
belonged to the victim specifically. The facial recognition app, the skin
texture, hair color, biometric recognition technology would be matching both
the images (the nude picture of the victim and the revenge porn content created
by the perpetrator) and would be identifying the revenge porn content as illegal.
But this project received stern objections because there were more possibilities
of misuse of nude photos than positive use of the same. Facebook -Cambridge analytica
case did prove that nothing is impossible when it comes to preservation of data
by body-corporates and data of individuals is always profitable and the security
of the same is vulnerable. But this may
not seem to be as dangerous as misuse of Face App may seem to be . FaceApp is
basically used to change the face structure of the person whose photograph
would be used in this App. It can change the texture of the skin and density of
hair including facial hair. In July,
2019, FaceApp became the center of concern for Indian cyber security
stakeholders especially when several celebrities started using FaceApp and
started showcasing their changed faces on Instagram. While FaceApp was basically being used for
fun purposes, it may also throw challenges for data safety and security of
person concerned. FaceApp helps to change the structure of faces. But we should
not forget that the altered facial image can be saved in devices and cloud of
different individuals. This altered image may be used for several illegal
activities. Predators may unauthorizedly access the social media profiles and
change facial images of the victims to create fake profiles; they may also use
such images to create a completely new impersonating profile to harass women.
Altered facial images of women may also be used for revenge purposes especially
when the victim is looking for opportunities in the entertainment or
advertisement sector where her appearance may be considered as her biggest
asset. Apart from this, FaceApp may be used to attract bullies and trolls to
intensify victimization of women.
back the memory: No one, but the web companies clearly remember what we posted
in last summer. Every day social media companies would show what was posted by
the user a year back or a couple of years back and would gently remind the user
that he/she can share the said post as a memory. How does it happen? The web
companies look for algorithm and the highest likes and comments for posts on
daily or even hourly basis. When the posts earn more likes and comments, the AI
decides to bring it forth. In certain situations, such refreshing of memories
might not be ‘wanted’ at all especially when the victim might had a bitter
ending of the relationship with persons in the said image or the text in
question may no longer evoke good memories, but rather traumatize the victim
more. But machine intelligence does not fail the company: it is a matter of
consent and choice after all. But consider if the account is unauthorizedly accessed:
the hacker may get to know something from the past which the victim may never
wanted the hacker to know.
the user about best low prices : AI runs over the internet like blood vessels
carrying oxygen all over the body. When a user decides to compare prices of any
product or services, AI helps to share the same almost always on any platform
the user would be visiting. It might be extremely embarrassing for any woman if
such searches start showing results when she is surfing the social media or
even the search engine with a friend or another individual. Nothing is left by
the AI from prices of lipsticks, hotels at cheaper rate, flight details to last
watched videos on how to conceive. This might also make women face
discrimination, office bullying and harassment due to several reasons.
These are but some of the many ways as how AI may make
women to land in trouble. AI is necessarily connected with data privacy protection
policies of web companies. The EU General Data Protection Regulation, 2018
provides that personal data may not be processed without the consent of the
owner of the data.
But in this case, there can be legal tangles as web companies may claim that they do not breach the data
confidentiality or transfer the data to any other jurisdiction, neither they
process the data without proper authorization. Here, multiple stakeholders may
be involved which may include the original owner of the content or the picture
which may have been processed for the purpose of harassment : the perpetrator,
who may have carried out changes on the data using the AI supported Apps,
perpetrators who may have unauthorizedly
stored the altered contents, picture or information or may have used the
altered information, picture for creating impersonating profile etc. As per
Indian legal understanding, altering, modifying etc of contents/ information/ image
/images without proper authorization of the original owner of the information etc may attract penal provisions
under the Information Technology Act, 2000 (amended in 2008): these provisions
may include Ss 43 (Penalty and compensation for damage to computer, computer
system etc, ), 66 (computer related offences, 66C (punishment for identity
theft) and 66D (punishment by cheating by personation by using computer
resource etc. This may also attract penal provisions for Copy Right violation
as well. Further, the web companies may be narrowly be liable for protecting
data properly under several provisions including S.43A which speaks about body
corporates liability to protect data. But irrespective of existing provisions,
web companies may always escape the clutches of law due to due diligence clause
and on the question of consent expressly or impliedly provided by the woman
victim concerned. In the EU, courts are becoming more and more concerned about
policy violations by web companies to fool the users. In India too, the courts
must throw light on the web companies responsibility as data repository. Regulations
like Data protection Bill, 2018 must be considered with utmost care. These may
have the key to solve problems of online victimization of women.
Also, women users need to be extremely cautious about machine intelligence. Awareness must be spread about how the hidden ‘safety valves’ of the web companies (which may actually make the web companies more powerful against claims of lack of due diligence) may be used properly.
Non -Consensual Porn and Human Right violation of women by Manthan Sharma . BBA-LLB, 3rd year,Unitedworld School of Law, Karnavati University . 20-08-2019
Innovations are vital for the growth of any nation.
One of the astonishing aspects of innovation is technology. It is the key which
expanded the human perception of public welfare. But, who would have thought
that its misuse can defeat the very idea of welfare?
Every day we come across various headlines regarding
harassment, stalking, bullying and sending obscene content through internet.
These are the acts which fall under the category of “Cyber Crimes”. Cybercrimes against women may include three
types of issues:
(a) cases of interpersonal harassment (b) financial crimes such including credit
card frauds (c) online harassment by strangers.
In this write-up I would be concentrating on online
harassment more specifically from
“non-consensual porn” perspective. According to Citron (2014) “It involves the
distribution of sexually graphic images of individuals without their consent.
This includes images originally obtained without consent (e.g., hidden
recordings or recordings of sexual assaults) as well as images originally
obtained with consent, usually within the context of a private or confidential relationship
(e.g., images consensually given to an intimate partner who later distributes
them without consent, popularly referred to as revenge porn)”. Halder
(2017) however adds that all non consensual porn images may not be revenge
porn. The non-consensual porn which may be distributed or may be stored to
distribute motive to take revenge may be considered as revenge porn. Nonetheless, these are gender specific acts
which are entrenched in our society where the victims are usually women and
children. There are plenty of examples victimisation of
girls and women by way of non-consensual porn India : circulation of pictures
of girls in their underwear, intimate photographs taken with ex, etc are just
some examples. Perpetrators could be as young as 16 or 17 year olds who may
have felt cheated or dumped by their girlfriends. .
Now here comes the most
ironical part of this distressed situation i.e. absence of any law in this
regard. As a result of this inaction it will not be incorrect
to say that we are the facilitators of these human right violations. What is expected from the
survivors who have suffered such humiliation? Aren’t they supposed to live a
life with dignity? The society in which we are living is not static anymore, we
are progressing. But with the evolution of society there are changes in
circumstances as well (such as technology). The crimes which are taking place
are same i.e. the end result is that the victim is still harassed and tormented
but the mode in which the crime was committed has changed. Non-consensual
porn and revenge porn violate the very basic human right of women. It violates
the principle to live with dignity. The apex court in India in several of its
judgements have indicated that privacy ( including sexual privacy) is a supreme
right and women and men enjoy it as a basic right.
Therefore, it is high time
to work on this alarming situation and safeguard the very idea of protecting
the rights enshrined in our constitution.
“Laws and institution must
go hand in hand with the progress of the human mind”
 Debarati Haldar, K. Jaishankar, Cyber Crimes against Women In India, 2017.
 Halder Debarati (2017) Criminalizing Revenge Porn From The Privacy
Aspects: The Model Revenge Porn Prohibitory Provision
Israeli Man who harassed underage girls and young women by impersonating as gynecologist, swimming coach etc on internet to groom them only to do sextortion later, tries to escape clutches of law by faking mental illness. Psychological tests prove that he was doing online harassment in a very organised manner. Prosecutors asked the court to put him in custody unless proper legal recourse is decided. https://www.timesofisrael.com/israeli-indicted-for-sexual-abuse-of-45-underage-girls/
Female researcher of Makerere University becomes the first person to be convicted under the Computer Misuse Act for offensive communication targeting President Yoweri Museveniof Uganda after she expressed her dissatisfaction when she was acquitted of charges for offensive communication. Apparently, Nyanzi, the researcher has been protesting against abuse of presidential power. https://observer.ug/news/headlines/61520-stella-nyanzi-found-guilty-of-cyber-harassment
Often I have been asked by victims, stakeholders and students of law about the jurisdictions of the courts and court system as a whole under the Information Technology Act, 2000 (Amended in 2008). This query carries great significance especially at a time when subscribers, consumers and civil society members are facing numerous problems due to data theft, data diddling, and data leaking etc. by the body corporate, intermediary and service providers themselves. Such issues of piercing the veil of cyber security and data privacy due to inefficient data protection mechanism of the body corporate may in turn help individual predators and even criminal gangs to target individuals including women and children to make it a large scale offence. Let us consider the case of Facebook facial recognition case in the US : even though Facebook as a company has been strongly contesting the case, the federal appeals court has given a green signal for this class suit whereby Facebook can be prosecuted for infringement of data privacy and would be liable to pay a huge compensation to the petitioners. What we understand from here is, such cases in the field of cyber law, may be dealt by courts in the nature of civil cases as well as in the nature of criminal cases.
In India, the primary regulatory provision for cyber issues is the Information Technology Act, 2000(amended in 2008) (IT Act, 2000, amended in 2008). This provision indicates that there are two types of authorities and tribunals/courts who may handle cases in the nature of civil and criminal liabilities, i.e., civil and criminal court and tribunals . We may understand this typology by understanding the nature of the cases under the Information Technology Act first, which is as follows:
In the issue of civil nature of cases, the administrative tribunal system under the IT Act has three tiers.
As may be seen from the above flow chart, at the grass-root level is the Certifying Authorities. A licensed Certifying Authority (CA) who has been granted licence under S.24, issues the digital signature certificates. CAs are controlled by Controllers, who are appointed by central government under S.17 of the Act. This provision also mentions about the appointment deputy /assistant controllers who should work under the instructions of the Controller.
Functions and responsibilities of the controller can be discussed under three broader heads:
S.18 of the IT Act provides essential
functions of the Controller. Apart from S.18, there are certain other
provisions under the IT Act, which speaks about other responsibilities and
powers of the Controller. The functions
under S.18 are as under:
supervision over the activities of the Certifying Authorities;
public keys of the Certifying Authorities;
Laying down the standards to be maintained by
the Certifying Authorities;
the qualifications and experience which employees of the Certifying Authority
the conditions subject to which the Certifying Authorities shall conduct their
Specifying the contents of written, printed or
visual materials and advertisements that may be distributed or used in respect
of an Electronic Signature Certificate and the public key;
the form and content of an Electronic Signature Certificate and the key;
the form and manner in which accounts shall be maintained by the Certifying
Specifying the terms and conditions subject to
which auditors may be appointed and the remuneration to be paid to them;
Facilitating the establishment of any
electronic system by a Certifying Authority either solely or jointly with other
Certifying Authorities and regulation of such systems;
Specifying the manner in which the Certifying
Authorities shall conduct their dealings with the subscribers;
Resolving any conflict of interests between
the Certifying Authorities and the subscribers;
Laying down the duties of the Certifying
Maintaining a database containing the
disclosure record of every Certifying Authority containing such particulars as
may be specified by regulations, which shall be accessible to public.
As such, other than the functions
mentioned above, the Controller may also have the following powers and
Controller may also recognize the foreign certifying authorities with prior approval from the government under S.19.
Controller is the authority to suspend license of the CA in case of any discrepancies in the function of the CA under S.25
Controller has power investigate contraventions or authorize any officer to do the same under S.28.
Controller may also access to computer and data under S.29 if he has reasonable cause to suspect for any contravention of the provisions etc.
Apart from this, controller also
has powers for dispute resolution: As such, .controllers can take over matter
for regulating and resolving any conflict of interests between the Certifying Authorities
and the subscribers.
Adjudicators along with the
controllers form the second tier of tribunal system for civil nature of cases
under the IT Act. Adjudicating officers
are appointed by the Central Government under S.46 of the IT Act for holding inquiry
(in the manner prescribed by the Central Government) in cases where any person
has committed a contravention of any of the provisions of this Act or of any
rule, regulation, direction or order made thereunder which renders him liable
to pay penalty or compensation. Such officer should not be below the rank of a
Director to the Government of India or an equivalent officer of a State
Government.S.46 clearly mentions that no person shall be appointed as an
adjudicating officer unless he possesses such experience in the field of
Information Technology and legal or judicial experience as may be prescribed by
the Central Government. The adjudicating officer appointed under S.46(1) are empowered to exercise jurisdiction to
adjudicate matters in which the claim for injury or damage does not exceed
rupees five crore. In case the jurisdiction in respect of claim for injury or
damage exceeds Rs. five crore, the jurisdiction to try such cases then shall
vest with the competent court. Every adjudicating officer shall have the powers
of a civil court which are conferred on the Cyber Appellate Tribunal under
sub-section (2) of section 58. As such, all proceedings before the adjudicator (a)
shall be deemed to be judicial proceedings within the meaning of sections 193
and 228 of the Indian Penal Code; (b) shall be deemed to be a civil court for
the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973. And
(c) shall be deemed to be a Civil Court for purposes of order XXI of the Civil
Procedure Code, 1908
But, the adjudicating officer cannot
fix the quantum of punishment (especially fines, damages and compensation) at
his own whimsies and fancies. S.47 says while adjudging the quantum of
compensation under Chapter IX, the adjudicating officer shall have due regard
to the following three factors, namely –
amount of gain of unfair advantage, wherever quantifiable, made as a result of
amount of loss caused to any person as a result of the default;
repetitive nature of the default
As such, adjudicators are
responsible to handle cases of data infringement, unauthorised access to
computer, offences to the computer (of civil nature), and fraudulent data
leaking cases etc. under chapter IX of the IT Act.
At the top tier of the tribunals
for dealing with cases of civil nature under the Information Technology Act,
2000(amended in 2008) exists the Cyber Appellate Tribunal. S.48 of the
Information Technology Act, 2000 (amended in 2008) stated that the central
government shall by notification establish one or more appellate tribunals to
be known as Cyber Appellate Tribunal. However, it has been observed by several
cyber law practitioners that the Cyber Appellate Tribunals in some places in
India were not functioning properly. As such, since 2017 The Telecom Disputes
Settlement and Appellate Tribunal (TDSAT) established under section 14 of the Telecom
Regulatory Authority of India Act, 1997 (24 of 1997), (TRAI Act) has
substituted CAT & working as Appellate Tribunal for the purposes of IT Act.
It also exercises the jurisdiction, powers and authority conferred on it by or
under IT Act. The TDSAT shall consist of a Chairperson, and not more than two members to be appointed by the Central Government.
Prior to the coming into existence of TDSAT
within the meaning of Appellate tribunal under the IT Act, online High Court
judges could qualify to be appointed as Chairpersons of the cyber appellate tribunal as per S.50 of
the IT Act. However, presently as per S.4 of the TRAI Act, the Chairperson
and other members of the Authority shall be appointed by the Central
Government only if such candidate has special
knowledge of, and professional experience in, telecommunication, industry,
finance, accountancy, law, management or consumer affairs. Further, a person who is, or has been, in the
service of Government shall not be appointed as a member unless such person has
held the post of Secretary or Additional Secretary, or the post of Additional
Secretary and Secretary to the Government of India or any equivalent post in
the Central Government or the State Government for a period of not less than
three years (as per Proviso to S.4 of the TRAI Act). s. 57, IT Act,
2000(amended in 2008) speaks about the jurisdiction & limitations of the
Appellate authority , which to large extent is practiced by the TDSAT now.
According to S.57, any person aggrieved by an order made by controller or an
adjudicating officer under this Act may prefer an appeal to Appellate Tribunal
having jurisdiction in the matter. However, no appeal shall lie to the
Appellate Tribunal from an order made by an adjudicating officer with the
consent of the parties. Every appeal under 57(1) shall be filed within a period
of forty-five days from the date on which a copy of the order made by the
Controller or the adjudicating officer is received by the person aggrieved and
it shall be in such form and be accompanied by such fee as may be prescribed. Appellate
Tribunal may entertain an appeal after the expiry of the said period of
forty-five days if it is satisfied that there was sufficient cause for not
filing it within that period.
Court for dispute resolution of criminal nature: Information
Technology Act, 2000(amended in 2008) does not specifically mention about any
court which may handle cases of criminal nature under this Act. But S.77A of
the Information Technology Act is mentionable here, which speaks about
compounding of offences According to S.77A of the IT Act, 2000(amended
in 2008), a court of competent jurisdiction may compound offences, other than
offences for which the IT Act provides punishment for life or imprisonment for
a term exceeding three years. As per
S.77A, the court however, shall not compound offences falling under the
categories as below:
the accused is, by reason of his previous conviction, liable to either enhanced
punishment or to a punishment of a different kind:
such offence affects the socio economic conditions of the country.
Has been committed against a child below the
age of 18 years or a woman.
the IT Act states that a person accused
of an offence under this Act may file an application for compounding in the
court in which offence is pending for trial and the provisions of sections 265B
and 265C of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply. From
the above discussion, it may be inferred that any competent criminal court
under Cr.P.C which are competent to handle cases involving offences and punishments
as has been prescribed under Chapter XI under the IT Act, may be considered as
competent court for the purpose of this Act. Now, the question which may arise
is, which criminal courts may handle cases of criminal nature under IT Act,
2000 (amended in 2008). For this, we may need to understand the patterns of
punishments under Chapter XI of the IT Act, 2000 (amended in 2008). These can
be listed as below:
Imprisonment for a term which may extend to two
years, or with fine which may extend to one lakh rupees, or with both.
Imprisonment of either description for a term
which may extend to three years or with fine which may extend to rupees one
lakh or with both
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.
Imprisonment which may extend to three years or
with fine not exceeding two lakh rupees, or with both
Imprisonment up to three years, or with fine
which may extend up to two lakh rupees, or with both.
Imprisonment for a term which may extend to
three years or with fine which may extend to five lakh rupees or with both.
Imprisonment extending to imprisonment for life.
Imprisonment in first conviction of either
description for a term which may extend to three years and with fine which may
extend to five lakh rupees and in the event of second or subsequent conviction
with imprisonment of either description for a term which may extend to five
years and also with fine which may extend to ten lakh rupees.
On first conviction with imprisonment of either
description for a term which may extend to five years and with fine which may
extend to ten lakh rupees and in the event of second or subsequent conviction
with imprisonment of either description for a term which may extend to seven
years and also with fine which may extend to ten lakh rupees
Now, to find the answer as which court may try cases of criminal nature under the IT Act, the above mentioned list has to be matched with the powers of various criminal courts under Ss.28 & 29 of Cr.P.C. The powers of the courts under the Cr.P.C can thus be categorized as follows:
As such it may be understood that cybercrimes and offences recognised under Chapter XI with various degrees of punishment may be dealt by various criminal courts as has been discussed under Ss.28 and 29 of the Criminal Procedure Code. But, in such cases also, the aggrieved party (including the offender) may make an appeal to the appropriate courts including the Session’s court, High Court and also to Supreme court. However, in case the offence includes any offence targeting children, then along with Information Technology Act, 2000(amended in 2008), provisions of Protection of Children from sexual offences Act may also be applied. In such cases, the offence may necessarily be dealt with by courts designated under POCSO Act : such courts may be Special Court or Children’s Court or the Sessions court itself.
Note: Please do not violate the copyright of this writeup. If you wish to use this writeup for your report/assignment/project etc, please refer it as Halder Debarati (2019) Court system under Information Technology Act, 2000 (amended in 2008). Published in http://www.internetlegalstudies.com on 12-08-2019
 For example see @https://www.theguardian.com/technology/2019/aug/09/facebook-facial-recognition-lawsuit-can-proceed-us-court?CMP=share_btn_fb&fbclid=IwAR3RvbLbL9TmFCkeBgypZORu4dRYnQNFvbWuFfIoQN1m-n80UlFO8_26qIk
Court releases man accused of dating underage girl, on the ground that the accused was intellectually disabled, due to his disability he was attracted to internet dating sites and the concerned dating site clearly mentioned that no one below the age of 19 can be the member of the said site. The court also considered that the accused stopped communicating with the woman understanding that she may be under 14. https://www.irishtimes.com/news/crime-and-law/man-released-without-charge-after-sting-in-cork-1.3970574