- Home
- About Us
- Law Journal
- Call For Paper
- Submit Paper
- Track Paper
- Verify Certificate
CYBERBULLYING ON SOCIAL MEDIA
AUTHORED BY - SAI JAWAHAR V MALLADY 124117030
SEMESTER – IX, B.COM LLB(HONS)
KM SURRAJ 124117043
Cyberbullying on social media has emerged as a pressing societal concern. Cyberbullying causes great psychological and emotional impacts on individuals, particularly the youth. The foremost reason of cyberbullying has been because of the personal data being posted on the internet, social media and also the social interactions between the users of such social media platforms.
This phenomenon involves the use of digital platforms to harass, intimidate, or demean others, which leads to increased cases of anxiety, depression, and even tragic outcomes such as suicide. The digital landscape has evolved so much leading to the launch of various social media platforms, making it a complex challenge.
To address this issue, legal remedies have been developed to provide victims with recourse and to deter potential perpetrators. These remedies vary across jurisdictions but often include laws that specifically criminalize cyberbullying, along with provisions for reporting, investigating, and prosecuting offenders.
Efforts to combat cyberbullying also extend to educating individuals about responsible online behaviour and the potential legal consequences of their actions. However, the effectiveness of legal remedies is contingent upon collaboration between lawmakers, law enforcement, social media platforms, schools, and mental health professionals.
This paper explores the challenges faced by teenagers due to cyberbullying and solutions to tackle cyberbullying and create awareness and educate the actors involved in cyberbullying. This paper also examines global law regarding this issue. By analysing these legal frameworks, the research aims to contribute to a better understanding of evolving landscape of cyberbullying of cyberbullying and foster more effective strategies for prevention and intervention.
INTRODUCTION:
Internet and social media have become integral parts of modern society, revolutionizing communication, information sharing, and entertainment. Internet and social media are being used around the world to communicate with each other, chat, make friends and to discuss about news and one can also express his or her personal views on social media. The usage of social media platforms among the teenagers has increased widely. This is considered as the primary reason for cyberbullying which has become a major concern. In today's digital era, the extensive use of social media has not only changed the way people interact and communicate, but has also led to a troubling societal problem: cyberbullying.
Cyberbullying refers to the use of digital communication tools, such as social media platforms to harass, intimidate or harm individuals through hurtful messages, threats, or spreading malicious content. This online misconduct may cause emotional distress, psychological harm, or may interfere with individual’s well-being. The legal definition of cyberbullying may vary according to the jurisdiction. This research endeavours to dissect the multifaceted challenges faced by teenagers in the wake of cyberbullying, shedding light on the detrimental consequences that extend from heightened anxiety and depression to tragically extreme outcomes such as suicide. This study aims to look into and provide solutions to address cyberbullying in light of the complex problem posed by the ongoing evolution of the digital ecosystem. Beyond merely identifying the problem, our research underscores the crucial need for awareness and education, targeting all actors involved in cyberbullying scenarios. This paper not only delves into the psychological and emotional toll of cyberbullying but also critically examines global legal frameworks, offering insights into the evolving landscape of legislation addressing this pervasive issue. India needs laws against cyberbullying because of the growing number of cases of online harassment and the harm that it may do to people, especially children.
LEGAL SIGNIFICANCE OF THIS ISSUE:
Recognizing cyberbullying as a harmful form of behaviour is crucial in the legal realm due to its potential serious impact on individuals and society. Consequently, legislators and legal institutions in many countries are taking steps to address cyberbullying through a variety of measures.
The objective of laws prohibiting cyberbullying is to safeguard people from harm and safeguard their right to a secured online environment. Protecting against online harassment, intimidation, and mental anguish brought on by malevolent activity is part of this.
Cyberbullying laws make it illegal to engage in specific acts, such as issuing threats online, harassing someone online, or sharing explicit content with others without permission. This criminalization acts as a deterrent and gives authorities a foundation on which to prosecute those who engage in cyberbullying.
Those who have been targeted by cyberbullying can pursue legal action for restitution and relief through the civil court system. Legal actions such as filing lawsuits for damages, seeking injunctions to stop the harassment, or pursuing other legal remedies are options for obtaining relief and holding perpetrators accountable.
Geographical boundaries do not apply to cyberbullying, and its legal significance necessitates global cooperation. To prevent cyberbullying on a worldwide scale, nations can collaborate to address cases involving cross-border bullying, coordinate legal methods, and exchange best practices.
BACKGROUND OF THE STUDY:
India did not have any specific federal laws dedicated to cyberbullying. Existing laws provide certain provisions to address cyberbullying related offences.
INFORMATION TECHNOLOGY ACT, 2000
Section 66A IT Act: sending offensive messages through a computer or other communication devices has been criminalized. In Shreya Singhal case (2015) the court struck down this provision as unconstitutional as it violated the freedom of free speech guaranteed under Article 19(1)(a) of the constitution of India. It was held that no one shall be prosecuted under sec 66A of IT Act.
Section 66C IT Act: dishonestly making use of electronic signature or password or unique identification shall be punished. (Identity theft)
Section 66D IT Act: whoever by using communication device cheats by personation shall be punished with imprisonment.
INDIAN PENAL CODE:
Section 509 IPC: Word, gesture or act intended to insult the modesty of a woman is punishable.
Section 503 IPC: When someone intimidates someone by threatening to hurt them physically (online threats) or cause damage to their belongings or reputation shall be punished.
Section 354D IPC: Cyberstalking
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012:
This Act prevents sexual offences against children. This Act is applicable for cases involving cyberbullying of minors, especially if it is related to sexually explicit content or it relates to harassment.
NATIONAL CYBER CRIME REPORTING PORTAL:
The Indian Government has set up National Cyber Crime Reporting Portal to help reporting cybercrime issues which includes cyberbullying. Reporting can be done with the help of this portal and law enforcement agencies may take appropriate action.
The need for new legislations to prevent cyberbullying in India arises from several reasons, reflecting the evolving nature of technology, the prevalence of online interactions, and the unique challenges posed by cyberbullying.
This study aims to define and explain the concept of cyberbullying, to differentiate the concept of cyberbullying under various jurisdictions, to find out the consequences of cyberbullying and to know the solutions to prevent cyberbullying. This paper also discusses on whether the existing laws are enough to prevent cyberbullying or should we bring in new legislation to deal with cyberbullying.
REVIEW OF LITERATURE:
This research critically analyses the phenomenon of cyberbullying in the Indian context, with a specific focus on instances occurring within college environments. The study aims to shed light on the nature, prevalence, and consequences of cyberbullying, providing valuable insights for academic discourse and potential interventions. [1]
The critical analysis reveals the intricate dynamics of cyberbullying in Indian colleges, emphasizing the need for targeted interventions. The study contributes to the broader understanding of cyberbullying within the Indian context and provides a foundation for future research and the development of effective preventive strategies.
This research aims to investigate the prevalence and patterns of cyberbullying among tweens and teens in Chennai, India, with a specific focus on the role of mobile phones in facilitating such behaviour. The study seeks to understand the various forms of cyberbullying, the impact on victims, and potential contributing factors.[2]
The research employs a mixed-methods approach, combining surveys and in-depth interviews to gather comprehensive insights. The survey assesses the frequency and types of cyberbullying incidents experienced or witnessed by tweens and teens, while interviews delve into the psychological and emotional impact on victims. The study also explores the role of mobile phone usage patterns in cyberbullying instances. The results are intended to aid in the creation of focused interventions and educational programs that will make the internet a safer place for this particular group of people.
The purpose of this study is to investigate and evaluate how cyberbullying affects teenagers' mental health. With an emphasis on the particular difficulties presented by cyberbullying, the study aims to determine the psychological effects which the teenagers who are harassed online go through.
Utilizing a comprehensive research design, the study employs both quantitative and qualitative research methods. Surveys and structured interviews are conducted to gather data on the prevalence of cyberbullying, types of incidents, and the resulting psychological effects on adolescents.[3]
Recommendations for interventions and support networks targeted at reducing the psychological effects of cyberbullying on teenagers are provided by the research's conclusion. This covers psychological services, educational initiatives, and strategies to make the internet a safer place for kids.
The active participation of teenagers in the creation of solutions to mitigate and prevent cyberbullying is the primary focus of this study. The aim is to create effective and user-centric interventions by incorporating the perspectives, experiences, and preferences of the very demographic affected by cyberbullying.
The study employs a Participatory Design approach, involving teenagers as active participants in the ideation, design, and evaluation of cyberbullying prevention tools. Through workshops, interviews, and collaborative sessions, the research gathers insights into teenagers' perceptions of cyberbullying, their preferences for intervention strategies, and their technological habits.[4]
According to the research, creative and useful methods for preventing cyberbullying that take into account the viewpoints of teenagers will be developed, which will ultimately lead to a more secure and encouraging online community.
RESEARCH GAP:
Limited comprehensive legislation:
There is lack of comprehensive legislation to address cyberbullying in India. Examining whether the existing legal frameworks adequately cover various forms of cyberbullying and online harassment is crucial.
Inconsistency across Jurisdictions:
cyberbullying laws vary among different states and regions. This includes differences in the implementation and enforcement of existing laws related to cyberbullying.
Limited comprehensive legislation:
There is lack of comprehensive legislation to address cyberbullying in India. Examining whether the existing legal frameworks adequately cover various forms of cyberbullying and online harassment is crucial.
Scope and definitional issues:
There is no proper definition for cyberbullying within existing laws. If the legal definitions are too narrow or fail to encompass emerging forms of online harassment, it could represent a significant research gap.
Efficacy of legal remedies:
If the legal definitions are too narrow or fail to encompass emerging forms of online harassment, it could represent a significant research gap. Understanding how often legal action is taken, the outcomes of such actions, and the overall impact on deterring cyberbullying is crucial.
Evolution of laws:
One area that needs more study is how well-suited the current laws against cyberbullying are to the changing digital environment. For these regulations to remain relevant, it is critical to assess how well they take into account new online platforms and technical developments.
Comparative analysis:
A comparative analysis of cyberbullying laws in India with those in other countries could reveal potential research gaps. Understanding international best practices and identifying areas where Indian laws may need improvement is valuable.
RESEARCH PROBLEM
RESEARCH QUESTION
You can use this research problem to examine how well social media platforms, policymakers, law enforcement, schools, and mental health specialists are working together to combat cyberbullying. You can examine the difficulties encountered in putting these cooperative tactics into practice, evaluate how well they work to lessen instances of cyberbullying, and make suggestions for development. This would contribute valuable insights to the ongoing discourse on cyberbullying prevention and intervention.
RESEARCH METHODOLOGY
The study is based on Empirical Research. Empirical research on cyberbullying in social media plays a pivotal role by providing insights into the prevalence, patterns, and effects of online harassment. This research helps in understanding the frequency and types of cyberbullying behaviours, identifying risk factors contributing to such incidents, and assessing the psychological impact on individuals. By delving into the demographics of those involved, empirical studies inform targeted prevention and intervention strategies, addressing both social and psychological aspects. Moreover, the findings contribute to the formulation of laws and policies, shaping a legal framework to combat cyberbullying effectively. As technology evolves, empirical research aids in adapting prevention measures to the changing landscape of social media, ensuring a comprehensive and informed approach to tackle this pervasive issue.
LIMITATION OF THE STUDY
The exploration of cyberbullying in social media is confronted with several noteworthy limitations.
One substantial challenge is the pervasive issue of underreporting, wherein victims, driven by fear of retaliation or social stigma, may choose not to disclose their experiences. This reluctance contributes to a potential underestimation of the true prevalence and impact of cyberbullying.
Moreover, the rapid evolution of social media platforms introduces a temporal challenge, making it arduous for research methodologies to keep pace with the dynamic nature of online interactions.
The absence of a universally agreed-upon definition for cyberbullying poses another obstacle, leading to variability in how incidents are identified and categorized across studies.
Cross-cultural studies face challenges in accounting for diverse social norms and online behaviours, making it difficult to generalize findings globally. Ethical considerations loom large in cyberbullying research, particularly concerning participant privacy and the potential psychological impact of delving into sensitive topics.
Lastly, the intricate interplay between online and offline bullying adds complexity, as the boundary between the two realms remains fluid, demanding a nuanced understanding that research struggles to comprehensively capture.
Despite these limitations, ongoing empirical efforts are crucial for advancing our understanding and developing effective strategies to address cyberbullying in the continually evolving landscape of social media.
This can be compared with the responses which we have received where most of the people have not reported any of the cyberbullying incidents to the organisation and they are also not aware of any anti- bullying campaigns too. Most people are in support of bringing new legislations to deal with cyberbullying in India.
COMPARISION WITH FOREIGN LAWS
United States:
There is no federal law specifically addressing cyberbullying. However, laws related to harassment, threats, and stalking may be applicable. States often have their own laws dealing with bullying and cyberbullying in schools.
The Children's Internet Protection Act (CIPA) requires schools and libraries that receive federal funding to implement measures to protect children from harmful online content.
United Kingdom:
The Malicious Communications Act 1988 and the Communications Act 2003 criminalize certain forms of cyberbullying, including sending threatening or offensive messages.
The Education (Prevention of Bullying) Bill focuses on preventing bullying, including cyberbullying, in schools.
Canada
Canada does not have a specific federal law on cyberbullying, but criminal laws related to harassment, defamation, and other offenses may apply.
Some provinces, like Quebec, have specific legislation addressing cyberbullying in the context of schools.
Australia:
Australia has a range of state and territory laws that address cyberbullying and online harassment. These laws often fall under existing criminal laws related to stalking, harassment, and threats.
The Enhancing Online Safety Act 2015 establishes the Office of the e-Safety Commissioner, which has the power to investigate and address cyberbullying issues, especially those involving children.
European Union:
The EU General Data Protection Regulation (GDPR) includes provisions related to the protection of personal data, which can be relevant to cyberbullying cases.
Some EU member states have specific laws addressing online harassment and bullying.
South Korea:
South Korea has laws prohibiting cyber defamation and harassment. The Act on the Promotion of Information and Communications Network Utilization and Information Protection (IT Network Act) addresses cyber defamation and cyberbullying.
New Zealand
New Zealand has laws related to harmful digital communications. The Harmful Digital Communications Act 2015 addresses online harassment, including cyberbullying.
Civil lawsuits:
Defamation Lawsuits: A defamation lawsuit may be filed if the victim of cyberbullying has been the target of false and defamatory allegations that damage their reputation. The victims would have to demonstrate that the remarks were untrue, harmful, and partially incorrect.
deliberate infliction of emotional distress: If the cyberbullying caused significant emotional suffering, plaintiffs may be able to file a lawsuit on the grounds of deliberate infliction of emotional distress.
Criminal Charges:
Some jurisdictions may consider some types of cyberbullying to be crimes. Punishments for criminal offenses might include jail time or fines for the offender. However, the main goal of criminal cases might not always be to provide the victim with immediate recompense.
Education and Workplace Policies:
In cases of cyberbullying within educational institutions or the workplace, victims may seek compensation through internal policies and procedures. This could include restitution for any harm suffered as a result of the cyberbullying.
Cyberbullying lawsuits against platforms:
In some cases, victims may pursue legal action against the platforms where the cyberbullying occurred. This could involve holding the platform accountable for not taking appropriate action to prevent or address the cyberbullying.
WHAT KIND OF CYBERBULLYING IS NOT COVERED UNDER INDIAN LAW?
General insults or offensive language:
If the cyberbullying consists of general insults or insulting language without specific threats or injury, it may not be explicitly covered by defamation or harassment statutes until considerable harm is proved.
Online harassment without explicit threats:
Certain laws may not effectively protect cyberbullying if it entails continuous online harassment but no clear threats of violence. Within the present legal framework, the degree and impact of the harassment would need to be determined.
Anonymous Cyberbullying:
If the cyberbullying is conducted anonymously, it may be challenging to identify and prosecute the perpetrator under existing laws unless they engage in explicitly criminal activities.
Trolling or online mischief:
General trolling or online mischief that does not involve particular illegal activity may not be specifically covered, and the legal response will be determined by the facts and consequences.
CONCLUSION
In summary, this research paper has extensively explored the complex issue of cyberbullying on social media, scrutinizing its psychological repercussions, legal implications, and the existing legislative landscape in India. While the digital era has revolutionized communication, it has concurrently given rise to the formidable challenge of cyberbullying, particularly affecting the mental well-being of teenagers. The study has illuminated the psychological toll inflicted by cyberbullying, leading to increased anxiety, depression, and, in severe instances, tragic consequences like suicide. The evolution of the digital landscape, marked by the proliferation of diverse social media platforms, has compounded the intricacy of this issue. Legal remedies, though in existence, exhibit disparities across jurisdictions, demanding a nuanced understanding of their effectiveness in addressing the evolving nature of cyberbullying. The recognition of cyberbullying as a harmful behaviour is pivotal for legislators and legal institutions globally, prompting the development of measures to safeguard individuals, criminalize harmful conduct, and offer civil remedies for victims. In the Indian context, the absence of dedicated federal laws for cyberbullying has led to a reliance on existing legislation, including the Information Technology Act, the Indian Penal Code, and the Protection of Children from Sexual Offences (POCSO) Act. The establishment of the National Cyber Crime Reporting Portal stands out as a crucial tool for reporting cyberbullying incidents; however, challenges persist, underscoring the need for comprehensive legislation. The research has identified several gaps, including the imperative for more comprehensive legislation, disparities across jurisdictions, impediments in prosecution, scope and definitional issues, and an assessment of the effectiveness of legal remedies. These gaps underscore the dynamic nature of cyberbullying and the perpetual challenge of legislation to keep pace with technological advancements. Comparative analyses with foreign laws unveil global endeavours to address cyberbullying through diverse legal frameworks, emphasizing the significance of international collaboration to effectively tackle this transnational issue. The study has delineated the challenges faced by victims seeking compensation, examining both civil lawsuits and criminal charges. The intricacies of obtaining redress through these avenues have been scrutinized, highlighting the necessity for a comprehensive approach to supporting victims. In the pursuit of a more effective strategy against cyberbullying, the research proposes a focus on cross-sector collaboration involving social media platforms, policymakers, law enforcement, schools, and mental health professionals. This collaborative effort aims to bridge gaps in prevention and intervention, accentuating the interplay between legal measures, social media platforms, educational institutions, and mental health professionals. Despite the study's limitations, such as underreporting, the dynamic nature of social media platforms, and cross-cultural challenges, ongoing empirical efforts are pivotal for advancing our comprehension of cyberbullying and devising effective strategies to address it. In conclusion, this research contributes to the ongoing discourse on cyberbullying prevention and intervention by offering insights into the multifaceted challenges faced by individuals, particularly teenagers, in the digital age. The call for comprehensive legislation, global collaboration, and a nuanced understanding of the interplay between legal measures and societal institutions underscores the need for a holistic approach to combat cyberbullying and foster a safer online environment for all.
References
[1] International Journal of Pure and Applied Mathematics, 2018•papers.ssrn.com
[2] Online Journal of Communication and Media Technologies, 2015•ojcmt.net
[3] International Journal of Humanities and Social Sciences (IJHSS), 2017•academia.edu
[4] Proceedings of the 2016 CHI conference on human factors in computing systems, 2016•dl.acm.org
Authors: SAI JAWAHAR V MALLADY
Registration ID: 102127 | Published Paper ID: 2127 & 2130
Year : Dec -2023 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 21
Doi Link : https://www.doi-ds.org/doilink/12.2023-33559155/CYBERBULLYING ON SOCIAL MEDIA AUTHORED
