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Cyberbullying in India: Laws, Challenges, and Future Directions

A Detailed Examination of Cyberbullying and Its Legal Landscape

Cyberbullying in India: Laws, Challenges, and Future Directions

  • 22 May, 2025
  • 497

What is Cyberbullying?

Cyberbullying refers to the use of electronic communication to bully, harass, or intimidate an individual. This behavior can manifest through various means, including online threats, abusive posts, impersonation, doxxing (the act of publishing personal information without consent), stalking, and the dissemination of false or defamatory content.

Is There a Specific Law for Cyberbullying in India?

Currently, India lacks a dedicated law specifically addressing cyberbullying. Nevertheless, certain provisions within the Information Technology (IT) Act, 2000, and the Bharatiya Nyaya Sanhita (BNS), 2023, can be employed to penalize particular forms of online abuse.

Which Laws Cover Aspects of Cyberbullying?

  • IT Act, 2000:
    • Section 66E: Violation of privacy
    • Section 66D: Impersonation using electronic means
    • Section 67: Transmission of obscene content
  • BNS, 2023:
    • Section 74: Assault or criminal force with intent to outrage modesty
    • Section 75: Sexual harassment
    • Section 351: Criminal intimidation
    • Section 196: Defamation

What Is Missing in Current Legal Provisions?

One significant gap in existing legal frameworks is the absence of provisions that directly criminalize cyberbullying when it does not involve obscenity, threats, or fraud. Numerous forms of bullying, such as trolling, coordinated harassment, or emotional abuse online, remain legally unaddressed.

What Is Doxxing and How Is It Treated?

Doxxing entails the unauthorized disclosure of someone’s private or personal information. Although this act can cause significant harm, courts have ruled that if the information is already public, the disclosure may not be punishable unless it violates privacy or defamation laws.

Can the Government Block or Restrict Such Content?

Yes, Section 69A of the IT Act allows the government to block websites or content on grounds of national security or public order. However, platforms are often slow to respond, and many experts argue that this provision is insufficient to effectively address harassment.

What Is the Role of the Digital Personal Data Protection Act, 2023?

This Act aims to protect against the misuse of personal data and defines what constitutes “publicly available data.” However, it does not explicitly address cyberbullying or doxxing unless personal data is involved.

What Are the Enforcement Challenges?

  • Posts and accounts can be easily recreated after removal.
  • Content proliferates rapidly across multiple platforms.
  • Law enforcement often lacks the capacity and technical expertise to investigate online abuse.
  • Victims, particularly women and minorities, frequently face delayed or no relief.

What Has the Judiciary Said?

In 2023, the Delhi High Court determined that doxxing, while harmful, may not be illegal if the data is already public. The court directed X (formerly Twitter) to remove abusive posts but also acknowledged the lack of a dedicated legal framework.

Is a Dedicated Cyberbullying Law Expected?

While no specific law exists at present, the Ministry of Information and Broadcasting has indicated that it is reviewing safeguards to address online abuse, suggesting that new protections could be on the horizon.

Frequently Asked Questions (FAQs)

Q1. What constitutes cyberbullying in India?
Answer: Cyberbullying in India involves the use of electronic communication to harass or intimidate individuals. It includes threats, abusive posts, impersonation, and doxxing, among other forms of online abuse.

Q2. Which laws apply to online harassment in India?
Answer: The IT Act, 2000, and the Bharatiya Nyaya Sanhita, 2023, include provisions addressing aspects of online harassment, such as privacy violations and defamation.

Q3. Can the government restrict online content?
Answer: Yes, the government can block websites or content under Section 69A of the IT Act for reasons like national security or public order, although effectiveness varies.

Q4. What is doxxing?
Answer: Doxxing refers to the unauthorized release of someone's private information online. If the information is public, it may not be legally punishable unless it violates privacy laws.

Q5. Are there plans for a cyberbullying law in India?
Answer: The Ministry of Information and Broadcasting is reviewing potential safeguards for online abuse, indicating that a dedicated law may be introduced in the future.

UPSC Practice MCQs

Question 1: What is a primary legislative framework addressing online harassment in India?
A) Indian Penal Code
B) Information Technology Act, 2000
C) Bharatiya Nyaya Sanhita, 2023
D) Digital Personal Data Protection Act, 2023
Correct Answer: B

 

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