Tag: #cybercrimesagainstwomen

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

Gender and Internet : Web magazine for Cyber law for women News update for April 7-April 20, 2020

Image curtsy : Internet

Fiji reports high rate of revenge porn cases during Covid -19 lock-down. Women feel trapped in revenge porn cases as limited police resources fail to provide effective remedy
https://www.theguardian.com/world/2020/apr/15/it-sticks-to-me-like-a-disease-fiji-grapples-with-revenge-porn-as-internet-use-booms

Minnesota Court of Appeal rules that State Revenge porn law is unconstitutional
https://www.wctrib.com/news/crime-and-courts/5032097-Court-of-Appeals-calls-revenge-porn-law-unconstitutional-as-it-rules-in-favor-of-woman-in-Kandiyohi-County-case?fbclid=IwAR0n3aKLQMZ8TR9RWIS9kTXAjevgVhCR4NMPDErf6b5vnJIruHhN_0PhEiI

Good news for women victims of cyber crimes in India : Vishakhapatnam police chief takes strict action against police officers who could not resolve cases of cyber crimes against women within due time, deleted data without informing the victims.
https://timesofindia.indiatimes.com/city/visakhapatnam/visakhapatnam-police-chief-suspends-two-cops-from-cybercrime-police-station/articleshow/75216692.cms

Beware women! police warns about #Sareechallenge which may lead women to be victims of sextortion, non consensual porn, deep nude.
https://www.opindia.com/2020/04/cybercrime-social-media-pictures-saree-trends-website-nude-blackmail-pornography/

Delhi University faculties receive harassing obscene messages amidst running classes on Zoom.
https://www.hindustantimes.com/delhi-news/du-teachers-complain-of-harassment-abusive-posts-during-online-classes/story-cLVokQNgV0yNG2M67bC4EL.html

Saudi social media prankster man arrested for sharing images of providing tea made with toilet water to unsuspecting wife over social media .
https://www.thesun.co.uk/news/11369892/social-media-arrested-sick-viral-prank/

Gender and Internet : Web magazine for Cyber law for women News update for October 1st-19th, 2019

22 women allegedly tricked to perform in internet pornography as they were allured by porn producers by advertisement for modeling. The porn producers in San Diego are charged with sex trafficking.
https://www.nytimes.com/2019/10/11/us/porn-sex-trafficking.html?fbclid=IwAR0b4rgIEbFSa5hneBxaN1R1QH7UJ7UL5aPzLFNQvW4oj-rI4dq8dADkNUE

Former assistant head teacher from Kingston sends indecent photographs and videos of himself to a police officer who was posing as a 13 year old girl, asking “her” to reply with indecent images. The former teacher is pleaded guilty for distributing sexually explicit pictures to children, trying to incite girl between the age group of 13-15 and having sexually explicit images of children stored in his computer. He is presently subjected to 10 year sexual harm prevention order.
https://www.independent.co.uk/news/uk/crime/daniel-butterfield-teacher-child-grooming-pictures-kingston-a9159176.html?fbclid=IwAR1EFwWj-ybaIaN3Yzle-hcWQgHEvmBHP5InVy_z2h7_cWRiv3-YPQQukiI

Japanese man stalks, assaults female pop singer in Japan by tracking her social media posts including photos of her eye direction, curtains etc.
https://www.theregister.co.uk/2019/10/10/stalker_japan_eyes/?fbclid=IwAR0rmJmmddSP70f4VSWqJxHb67Xi1tquM8XO3ZXPC_JQfJwV95F3NuqTOPQ

Man puts GPS device in the car of his girlfriend for stalking including cyber stalking in the US. investigation leads to bigger crimes including racketeering, loansharking and cyber stalking by him.
https://www.theregister.co.uk/2019/10/04/gps_cyberstalking_indictment/?fbclid=IwAR0MXOpUA4b6NVlVwJNz-yRvEjjY8K4T5IzVk_DCXLbUZr0iNq6vmUNMJMo

Pakistan man convicted for creating and sharing revenge porn of his ex- fiance. Sentenced for 8 years of imprisonment and payment of damages of Rs. 50,000/- under the Pakistan prevention of electronic crimes Act, 2016
https://www.geo.tv/latest/250929-court-sentences-man-to-eight-years-for-sharing-revenge-porn-photos-of-ex-fianc%C3%A9e-online

Ghana police arrests man who had secretly taken bathing pictures of five women and posted them on three different websites. The community supports the victims and the accused is thrashed by mob before police rescued and arrested him
https://www.peacefmonline.com/pages/local/news/201910/393179.php

Trolling and Online violence against women by Dhananjay Bhati

Image courtesy : Google

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.’[1] 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 .[2] 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.[3] 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 .[4] 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”[5] 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. 

   

*Dhananjay 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 @ bhati.dhananjay25@gmail.com

  **This write up has been conceptualized by the author from the Amnesty Decoding Project. 

[1] 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.

[2] Bartlett, J. (2018, March 1). The Trolling and abuse of women rooted in online cultures. Retrieved from https://medium.com/@jamie.bartlett/the-trolling-and-abuse-of-women-rooted-in-online-cultures-667a54d4f88d

[3] Available at https://decoders.amnesty.org/projects/troll-patrol-india.

4] Pinto, S. ( 2017, November 20). What is online violence and abuse against women. Retrieved from https://www.amnesty.org/en/latest/campaigns/2017/11/what-is-online-violence-and-abuse-against-women/.

[5] Available at https://decoders.amnesty.org/projects/troll-patrol-india.

Gender and Internet: Web magazine for Cyber law for women News update for September 1-8, 2019

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

While High Court in Great Britain holds facial recognition by police legal, artist designs metal jewelry to block facial recognition
https://mymodernmet.com/ewa-nowak-avoid-facial-recognition/?fbclid=IwAR3r13ah1dpoWL3cwextY2JsALNSMrTVclEira4xMPyhyQDOGIAC2bNLoSM

Man gets arrested for creating impersonating profile of woman and using the same for sending lewd messages to other women in India
https://timesofindia.indiatimes.com/city/ahmedabad/ahmedabad-man-arrested-for-harassing-women/articleshow/71001947.cms

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

YouTube fined for collecting personal data of children : cyber safety of children in the hands of service providers gets questioned again
https://www.theguardian.com/technology/2019/sep/04/youtube-kids-fine-personal-data-collection-children-?CMP=share_btn_fb&fbclid=IwAR2g06Bm1k7WWZfp7d4NozJiKzhN17S-z9LaKNQ48aazpHGIyjp7KGWylsQ

Gender and Internet: Cyber law magazine for women news update for June 1-30, 2019

Imminent threat to data security as Women and men may be duped by digital boy/girl friends
https://www.timesnownews.com/the-buzz/article/digital-boyfriend-man-creates-chatbot-to-chat-with-girlfriend-while-he-is-at-work/435623?fbclid=IwAR0PK_u_wUSPrS9NLNFIcdTn69VAFoWumtKeWvjyWesguSVJMJT5iGx45v0

Facebook privacy principles are questioned by courts again
https://www.nbcnews.com/tech/tech-news/facebook-lawyer-says-there-no-privacy-hinting-challenges-zuckerberg-s-n1012666?fbclid=IwAR0ReEC2tuE7j0CQenqKb9bJS_gyJjeady8_WAU_b3gzmuXxBZPI3uahcSk

Privacy policies of Google are questioned in European courts
https://www.euractiv.com/section/data-protection/news/google-faces-privacy-complaints-in-european-countries/?fbclid=IwAR0yoMv0skOilc1ELpdG1mTuXwKq0YVuLTWu2SkychFdAo-CKe01-BhkdEo

Hyderabad Conwoman dupes NRI bridegrooms
https://www.deccanchronicle.com/nation/crime/130619/hyderabad-conwoman-held-for-cheating-nri-grooms.html

Celebrity impostered for the purpose of sextortion targeting women
https://www.freepressjournal.in/entertainment/ransom-for-obscene-photos-armaan-maliks-impostor-arrested-for-extorting-money-from-women

Gender and Internet: Cyber law magazine for women news update for May 27th-31st 2019

Women are being targeted by social media scams impersonating soldeirs
https://www.dvidshub.net/news/324108/cid-warns-army-community-about-social-media-impersonation-soldier-accounts

Celebrity photo leaks : Women celebrities fight for legal rights while they remain soft targets of porn consumers
https://www.popdust.com/iggy-azalea-nude-photos-2638329621.html

Philipine court imposes 21 years imprisonment sentence on woman online trafficker
https://ph.news.yahoo.com/online-trafficker-cordova-gets-21-105700722.html