“Cyber-bullying is poised to turn into the biggest online concern, already affecting up to 35% of all children.” – Dr. Martyn Wild

Introduction

Cybersecurity Awareness Month has been observed in October since 2004 globally and government and private organizations are trying their best to make people aware of what are Cyber Attacks and Cyber Crimes and how one can be protected. Despite those India is ranked under “Top 10 Countries having the most number of Cyber Attacks.” The digital revolution forayed into India a long time ago and currently, India is digitalizing a majority of sectors. From making people go cashless to building virtual businesses, the Indian Economy is rejoicing in the benefits of digitalization. Due to COVID 19 Pandemic, there was a sudden shift from offline to online mode of studying, working, banking, shopping, etc. Everything has come under the umbrella of the internet and the Cyberspace has started facing traffic.

Going virtual is a good sign for a developing nation but as everything has two sides, in the same way, the virtual mode also has a negative side. One of the negative sides is Cyber Attacks. To control cyber-attacks, India introduced the IT Act in the year 2000 which was amended and brought into existence again in the year 2008. Technology is evolving day by day and thus to be more vigilant against cybercrimes, India in 2013 introduced a National Cyber Security Policy but the policy turned out to be very weak and there was a drastic rise of cybercrimes whopping near about 50% in the year 2013.

What do Data and Survey say?

As per a survey done by the Pew Research Center, almost 59% of the youth have experienced at least one of six types of abusive online behaviors that include harassment & bullying, doxing, stalking, frapping, trolling or Flaming. Cyberbullying is becoming very common amongst the youngsters. A recent study done by an NGO named Child Rights and You surveyed around 630 adolescents in the Delhi NCR region and found that 9.2% of the total surveyed had experienced Cyberbullying. Another study, titled “Online Study and Internet Addiction,” was conducted in March 2020, and the findings show that 22.4 % of 13-18 year aged who used the internet for more than three hours per day were vulnerable to online bullying, while up to 28 percent of those who used the internet for more than four hours per day faced cyberbullying. The findings also indicate that one in every ten of our teenagers has seen a morphed image or video of themselves, while 50% of these incidents go unreported to the police. As per the National Crime Records Bureau, the cases of cyberbullying are increasing every year yet there are many unreported cases available in India regarding cyber- attacks and cybercrimes.

Cyber awareness among teenagers is becoming necessary as many teenagers are using the internet without any information about cybercrimes and they usually end up getting into a trap of Cyberbullying. As per various surveys conducted, it was found out that every third child out of five have the access to the Internet and almost spends around 45 hours per week on the internet. The COVID 19 Pandemic gave an edge as the educational sector also went online due to which the internet became an inseparable part of their livelihood.

Cyber Awareness: An Important Aspect

Cyberbullying is one of the most important and pervasive issues in today’s society and as technology is growing, it is becoming more severe. Right now, it is important to know how to prevent it and how cyber awareness can help in saving.

It is said that prevention starts with education and awareness. Ending cyberbullying in today’s digital age is almost as challenging as stopping people to drive under the influence of alcohol. But creating awareness can be an important aspect to control the youngsters from being trapped in Cyberbullying. Providing education and creating awareness programs is the main key in dealing with this issue. Creating cyberbullying prevention and anti-bullying campaigns, establishing rules and consequences, increasing awareness of cyberbullying, internet filters, and increased student supervision, acceptable use policies, internet safety programs, and anonymous incident reporting are all part of the strategy to prevent cyberbullying. Helping to prevent cyberbullying and ensuring that young people are not bullied and harmed online is equally vital. Parents, schools, and mental health experts should all be trained to recognize the warning signs of cyberbullying and take proactive measures to avoid it. Acknowledging cyberbullying is important and discussing it with children and teens is much more important as to make them aware. The creation of expectations around online conduct is also important. Encouraging teens to speak out for those who are being bullied and to report any instances of cyberbullying with whom they see. Though awareness isn’t 100% effective, still cyber-crime prevention is everyone’s responsibility. Cyber awareness has become an essential thing across the globe especially during and post COVID 19 Pandemic as almost 85% of the globe had gone virtually. Almost everyone is surfing over social media and many of them are being bullied.

The provisions related to Cybercrimes are strong in India though very few people are aware about the same. As the number of people using the internet and social media is increasing daily in India, so does the incidence of cyberbullying, which is especially widespread amongst the youngsters. Despite the fact that cyberbullying is punishable under the Information Technology Act and the Indian Penal Code, 1860, some individuals decide to remain silent, believing that the person would torment him even more or that the situation will eventually resolve itself. As a consequence, it is critical that people are made aware of their rights and remedies. Moreover, parents, teachers, or guardians should talk to their children about cyberbullying that occurs on the internet so that, if it occurs in the future, they can communicate and share their problems instead of being mentally tortured.

Conclusion

Cyberbullying is that epidemic that is spreading quickly all over the world that results in causing depression, low self-esteem, and many more. It has been taking place all over social media and each individual is surfing over these platforms. Some people suffer more of these side effects and few people can’t even handle their effects. All the surveys and data are forewarning. It’s a high time to stop these. Not only Cyberbullying but also any other form of harassment as well, as it is affecting the lives of people. 

There have been many suggestions and recommendations given by various experts on how to deal with Cyberbullying and the common thing that each of them said was to be conscientious about what we post on the internet. If anyone is cyberbullying, block and report that person or that website quickly, document down all the problems, collect evidence of Cyberbullying and report it as soon as possible. About 68% of the teenagers are at a high risk of Cyberbullying and many of them don’t know how to deal with these problems. Spreading awareness is the only best thing to stop and prevent this stigma and help out people in surfing over the internet freely.

“Technology is a useful servant but a dangerous master.” – Christian Lous Lange

The rise of social media, the high accessibility of digital devices to the children and youngsters, the increased cyber connectivity and the on-going coronavirus pandemic have triggered cyberbullying and misuse of technology making it a prevailing social menace.  Cyberbullying has surged since the past two decades when global connectivity through the use of the internet and devices became widely available to people of all age groups.  Cyberbullying is to be treated as a sociological problem, it being prevalent as a social menace in every corner of the world today.

Cyberbullying initiated in the 1990s when the world started to get connected through the internet and personal computers became widely available to the consumers. Cyberbullying is defined as an act of repeated and intentional harassment by mistreats or by making fun of another person online or while using cell phones or electronic devices (Hinduja & Patchin, 2019). UNICEF defines cyberbullying as “the bullying with the use of digital technologies. It can take place on social media, messaging platforms, gaming platforms and mobile phones. It is repeated behaviour, aimed at scaring, angering or shaming those who are targeted, such as spreading lies about or posting embarrassing photos of someone on social media; sending hurtful messages or threats via messaging platforms; impersonating someone and sending mean messages to others on their behalf.”

Youngsters and children today form a part of GenZ who are unable to view the world without access to internet or social media platforms where girls are relatively more preferred victims of cyberbullying. They are exposed to smart phones, computers and such devices from an early age making them vulnerable towards cybercrime; these devices have become an “essential” in their everyday relationships and communications.  The internet, if used properly could be seen as an inoffensive everyday scenario in the life of children and youngsters which makes it a bit arduous to categorize what could be termed as dangerous or illegal.  The effects of cyberbullying are much similar to traditional bullying, the difference being that it is tough to be avoided or prevented.

As far as India is concerned, we do not have any exclusive legislation for Cyberbullying, although based upon the criminal activities, the accused can be charged under the provisions of the Indian Penal Code, 1860 or the Information Technology Act, 2000.  For example, the case of cyberstalking of women is punishable under Section 354D of Indian Penal Code, and when it comes to a man being the victim of cyberstalking and derogatory remarks, Section 499 of Indian Penal Code defining defamation may apply.  When there is a  creation of a fake social media  profile,  accompanied by uploading of vulgar or obscene photos of the victim on to such profile, Section 354A (Sexual harassment and punishment for sexual harassment), Section 354D (Stalking), Section 499 read with Section 500 (Defamation and Punishment for defamation), Section 507 (Criminal intimidation by an anonymous communication) and Section 509 (Word, gesture or act intended to insult the modesty of a woman) of Indian Penal Code, 1860  may apply. The Press Release by the Ministry of Women and Child Development on “Digital Exploration of Children” states that the Sections 354A & 354D of the Indian Penal Code provides for the punishment of cyberbullying and cyberstalking against women.

In the case of Jitender Singh Grewal vs. The State of West Bengal (Criminal Miscellaneous Petition No. 7252 of 2018), the accused was charged for creating a fake Facebook profile of the victim and uploading her obscene pictures to that account; under Sections 354A, 354D, 500/509/507 of the Indian Penal Code and Section 67A (Punishment for publishing or transmitting obscene material in electronic form.) of the Information Technology Act, 2000. The Calcutta High Court in this case rejected the bail application of the accused, thus upholding the trial court’s decision.

The demographics show that 1 in 4 kids has been the victim of cyberbullying; that too, more than once. India ranks number 3 in the list of cyberbullying cases in the survey conducted by Microsoft in 2021 amongst 25 countries. Anonymity is a huge drawback of the technology when it comes to the crimes in cyberspace. Today, the rates have rapidly increased as usage of devices having internet connectivity has increased.  Technology has evidently transformed the way of living and interaction which comes with its own set of risks. The term responsible citizen has changed into ‘responsible digital citizen’ with the issues of safety in cyberspace.  There needs to be a right approach in making the children and youngsters aware about cyberbullying and the associated potential  risks of usage of technology that are rampant around the globe, occurring at any time of the day, anywhere, not leaving any footprints behind. Unless cyberbullying is recognized in society, the silent sufferings of those victims will continue.

“Cyber bullying is poised to turn into the biggest online concern, already affecting up to 35 % of all children” – Dr. Martyn Wild

Introduction

This is a generation with Internet-fueled minds, where there is a need for social media now and then. With one tap, we can check up on our friends, family, and even strangers. The dark side of all of it is when children and our younger ones get access to the internet at an immature age. Cyberbullying is a threat victimizing children. An adult might as well be familiar with the do’s and don’ts of the internet but the concern arises when our young innocent minds are exposed to this black world. Cyberbullying is the bullying or harassment of any kind inflicted through text messages, phone calls, e-mails, social media platforms, or chat rooms. Some ill-minded people use it to pass on hatred, threats, hurtful words, etc. The most difficult thing is to discern who did it to you because it is most often done anonymously. Young kids often are trapped into this which leads to them being low in confidence, sad, devoid of mental peace, and leaves them with depression in grave circumstances. This initial topic is elucidated to share awareness which is the need of the hour. As people have been placed under house arrest for a long time after COVID -19’s emergence, the cases of cyberbullying have significantly risen. The pandemic poses to be the time people were caged inside their houses with aggression, with a trapped feeling, sadness, etc. leading to many expressing the hate-filled inside them on the internet. People, in general, became rude and intolerant during these hard times. Since there has been a paradigm shift to locking the people inside and working online, hate-mongering has taken a vicious form posing it to be shared through the platforms of social media often targeting young children.

What goes inside the mind of the harasser?

Cyberbullying can be a result of hate or jealousy filled inside people, or psychological sadistic pleasure owing to a hectic and stressful life. The bully does not only transfer the aggression, sadness, or jealousy to the victim in the form of low confidence but also contributes to many more such factors. Some studies have shown that a person being bullied online may be a generally confident person in life but undergoes mental trauma and it affects his/her normal life. Sometimes, it contributes to self-hatred, injury, depression, and even suicide. An average child instead of playing and moving around the surroundings spends most of his time in front of the screen going through different games and apps. Small children who are unaware are the easiest targets for cyberbullies. Children are naturally innocent who adhere to the command imposed upon them. Sometimes this is taken as an advantage to launder money, extract details, harass sexually, or even for contributing to more grave and evil crimes.

Laws and methodology that can help

The Indian Penal Code, 1860, neither defines bullying nor punishes it as an offence. However, various provisions of the IPC and the Information Technology Act, 2000 can be used to fight against cyberbullies. There is a high need to create deterrence. Another method used to restitute the conditions of a person being bullied is through Anti-Bullying Committees through which guidelines are issued for its prevention. A committee has been set up by the CBSE that consists of the school management staff, teachers, parents, and counselors which help a child talk through the way he or she is feeling. This helps them in a great way to return to an earlier state they were in before they got bullied. They are allowed to showcase their emotions and are given therapy to live a guilt-free, happy and confident life again. Cyberbullying is a global problem with serious consequences. There is a need however to increase the punishment for it as it sometimes leads to serious consequences such as suicide and self-harm. Till the time we do not have explicit laws pertaining to this issue, we would come across an increase in these activities. Sexual harassment through the web, money laundering, dark web is done under cyberbullying most often. Incapable of understanding the consequences young children become victims of these evil ideas often leading to a traumatic childhood. There is an increase in events like these nowadays. There are instances like a girl being bullied by her close friends on Facebook through anonymity. All of this can be decreased to a large extent if the offender is scared or familiar with the punishment. This will only happen when the legislature passes stricter laws for the protection of cyber security. Most of the countries have different sets of laws and statutes present for the protection of their citizens but we are yet to have a stringent set of rules and regulations against Cyberbullying

Conclusion

In addition to having laws, we must also try to be more kind, loving, compassionate, and considerate towards the children and adults or everyone around us in general. Defaming someone is easy but it leaves a permanent imprint on the victim’s mind. We must be cautious about what to say, how to act and be aware of the consequences it comes with. We must work together for bringing change and pledge to never hurt a person’s sentiments. The world should be a safe place to live so that we improve and not degrade the standard of life we are living currently. This also contributes to a disturbance in the social strata of life as most human beings are filled with stress and mental health issues. This way it contributes even more to the disturbance of a peaceful living standard of human beings. We should be aware in general of how to act if any case of online bullying is happening. Being vigilant, gentle, aware, and appropriate with words is the need of the hour by which we can stop cyberbullying at all levels.

A random search about cyberbullying on the internet and reference from the most reliable sources like the website of UNICEF, tells us how deep-rooted the problem of bullying is, and to specifically talk about cyberbullying, we can see how widespread it is all over the world. UNICEF recently tried answering the top 10 most asked questions about cyberbullying in which it explained what exactly cyberbullying means; how to identify if a child is bullied online, maybe through social media platforms like Facebook, Twitter, Instagram, etc. or online games or any fake website; how it affects a child’s health; etc. In this very campaign, the organization explained the importance of conveying such problems to parents by the child himself and reporting them to the pertinent authority. It also encouraged youngsters all over the world to raise their voices and awareness regarding the same and tried including the three leading (above-mentioned) social media platforms, which explained their safety and security policies, which has with time helped mitigate this trouble.

This topic of discussion has been very relevant in recent times of COVID-19 when people, including the schooling children, switched to the new normal online mode of learning. The sudden rise in the use of the internet was obvious due to complete nationwide lockdowns. Apart from the use of video conferencing apps, the social media user base also saw a sudden surge. This puts an onus upon the government, parents, teachers, and even peers to ensure the protection of children from the threats like cyberstalking, hate speeches, abuses, child pornography, etc. Where reports and studies tell that cyber harassment in the past one year has increased by 36% (given by NCRB) especially against children and women, and a maximum number of times it has gone unreported; India’s stand against it is worth taking a glance at.

Cyber-attacks on any entity for that matter are not only from people residing in the same country but also from other countries which target innocents to spread their propaganda on the internet, a recent example being the research by The Indian Express namely ‘China Is Watching’. Major crimes taking place against children along with bullying include organ, drug, and illicit content trafficking, sometimes giving rise to terrorist activities and spoiling the future of children completely.

Indian laws (although not exclusively against cyberbullying but as provisions under various acts) are framed to tackle such problems. Some most important ones being, Protection of Children From Sexual Offences 2012 (S.13-18), Information Technology Act 2000 (S.66 & 67), and Indian Penal Code 1860 (S.499, 354D, 509).

Firstly, talking about POCSO 2012, it contains the provisions for child pornography (defined under S.13) where an online representation of children in any kind of obscene or sexual (penetrative or non-penetrative) activities is strictly punishable with imprisonment for 5-10 years (according to the gravity of the commission) and pertinent fine (punishments under S.14 and S.15). Next is Information Technology Act 2000, where it provides the offences related to computer (electronic media) including, identity theft (S.66C), cheating by personation (S.66D), violation of privacy (S.66E), cyber terrorism (S.66F), publishing sexually explicit material including children (S.67B). Lastly, IPC 1860 gives us S.354D which defines cyberstalking in one of its parts, but this provision is gender-specific has finds no mention of children, S.499 which defines Defamation (as a crime) as harm to a person’s reputation (imputation through media also comes in its domain), S.419 and S.420 which talk about cyber frauds like the creation of bogus websites, stealing passwords, email phishing, etc. and punishments for the same being 3-7 years of imprisonment and fine.

If we take a deeper insight into these (above-mentioned) laws, we can observe that there is no legal framework exclusively made to curb either cybercrime or cyberbullying, hence, them being child-specific still feels like a distant dream. The era where the use of the internet is deeply ingrained in a child’s day to day life, may it be related to his education or (formal or informal) communication, socialization, and the list goes on; makes it a responsibility of the government to protect safety interests of all the children so that internet becomes a boon for them in their budding age and brings to them a bundle of opportunities to explore. The creation of a specific law for this crucial matter is the need of the hour as it will ensure that children are not exploited online, and the exploiters will be shown no mercy. A strong law including all cybercrimes where cyberbullying against children and young adults finds a special mention should be taken in the list of top priorities now as it is high time we protect the future of our nation and stop protecting the offenders.

India being a prospective superpower of the world should try to fill such gaps in every sector of operation and specifically in law because that is what takes it a step closer to the goal.