Description

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Context

Cyberbullying which includes online harassment, trolling, doxxing and threats has emerged as a significant concern in the digital age.

While internet usage in India has grown rapidly the legal and regulatory framework to tackle digital abuse remains scattered and incomplete.

There is no dedicated law to deal specifically with cyberbullying leading to reliance on a patchwork of provisions from the Bharatiya Nyaya Sanhita 2023, Information Technology Act, 2000 and selective judicial interpretations.

Legal Provisions Addressing Cyberbullying in India

Bharatiya Nyaya Sanhita (BNS), 2023

While not explicitly referring to cyberbullying certain sections may be invoked:

Section	Provision	Relevance
Section 74	Assault or criminal force to outrage the modesty of a woman	Can be applied if online abuse involves sexually suggestive content
Section 75	Sexual harassment	Relevant in cases of online sexual harassment, comments, or messages
Section 196	Promoting enmity between groups	Applied when trolling targets specific communities or incites hatred
Section 351	Criminal intimidation	Used when the victim is threatened online
Section 356	Defamation	Applied if reputation is harmed through online statements

Information Technology (IT) Act, 2000

The IT Act provides for specific cyber offences:

Section	Provision	Relevance
Section 66C	Identity theft	Covers impersonation using someone’s online identity
Section 66D	Impersonation using electronic communication	Addresses fraud through fake accounts
Section 67	Obscene material	Applicable for transmission of sexually explicit content
Section 69A	Blocking access to information	Government can block websites/accounts that pose threat to public order
Section 79	Safe harbour provision	Protects intermediaries unless they fail to act on takedown orders

Judicial Interventions and Landmark Cases

Case	Court	Observations
Shreya Singhal v. Union of India (2015)	Supreme Court	Struck down Section 66A; upheld Section 69A but emphasized judicial review and transparency in takedown orders
Doxxing Case – 2023 (Delhi HC)	Delhi High Court	Held that sharing previously public data may not qualify as doxxing; highlighted the need for regulating personal information aggregation
X Corp. v. Union of India (2024)	Karnataka High Court (pending)	Challenges Section 79(3)(b) for lack of procedural safeguards in content takedowns

Limitations in the Existing Legal Framework

Absence of a Comprehensive Cyberbullying Law

No single statute directly defines or criminalises cyberbullying or online hate speech.

Existing provisions often fail to cover sustained, anonymous, or non-obscene abuse.

Inadequate Definitions

Key terms like doxxing, online stalking and publicly available data remain undefined.

The Digital Personal Data Protection Act (DPDPA), 2023 exempts publicly available data but does not clarify what that entails.

Overreliance on Obsolete or Generic Laws

Provisions under BNS or IT Act are often ill-suited for complex online behaviour e.g., mass trolling, gendered abuse.

Legal provisions need to account for scale, anonymity and psychological harm caused by digital mobs.

Censorship vs. Free Speech

Section 69A and 79(3)(b) are being misused for political censorship often lacking transparency.

Government takedown orders are not always backed by reasoned explanation violating due process.

Enforcement Challenges

Delay and non-responsiveness to user complaints.

Low cybercrime awareness and training among police personnel.

Cross-border jurisdictional issues in identifying and prosecuting perpetrators.

Recent Government Actions and Proposals

Ministry of Information & Broadcasting: Reviewing safe harbour provisions to tackle fake news and digital abuse.

MeitY Advisory: Plans for tighter rules around social media platforms’ accountability.

Digital Personal Data Protection Act, 2023: Seeks to regulate data handling but ambiguity persists on publicly available data.

Way Forward

Enact a Comprehensive Cyberbullying Law

Define cyberbullying, online harassment, doxxing and cyberstalking.

Cover emotional and psychological harm even in the absence of physical threats or obscenity.

Establish a Fast-Track Grievance Redressal System

Appoint dedicated cybercrime ombudsmen or digital safety officers.

Ensure quick response time to online abuse complaints.

Strengthen Data Protection and Privacy Norms

Define publicly available data clearly in the DPDPA.

Prevent misuse of fragmented personal data for targeted abuse.

Enhance Capacity Building

Train law enforcement agencies on handling digital offences.

Equip cybercrime cells in every district with technical resources.

Judicial Reforms and Oversight

Mandate judicial scrutiny of takedown and blocking orders.

Protect free speech while ensuring accountability of online platforms.

Sources:

HINDU

PRACTICE QUESTION

Q. In the absence of a dedicated law to tackle cyberbullying in India, examine how the provisions under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000 address such online abuse. Critically analyse the limitations of the existing legal and regulatory framework. 250 words