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Home OTHER VIEW

Online Harassment:  Forms and Legal Safety

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September 12, 2024
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By: Dr. Rajkumar Singh

The status of online harassment, particularly targeting girl children, is a significant and evolving concern globally. It has been on rise with the increasing use of the internet and social media platforms by children and teenagers and is a widespread issue affecting girl children across countries and cultures. In fact, online harassment of a girl child refers to any form of unwanted, aggressive behaviour that occurs over digital platforms, targeting girls. 

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It includes a range of actions intended to intimidate, humiliate, or harm the victim. Some common forms of online harassment include: Cyberbullying: Repeated and intentional acts such as sending threatening messages, spreading rumours, or posting harmful content about the victim. 

Sexual Harassment: Sending sexually explicit messages, images, or videos, or making unwelcome sexual advances. Stalking: Repeatedly following or monitoring the girl’s online activity, gathering personal information, or making unsolicited contact. 

Doxing: Publishing private or identifying information about the girl without her consent, with the intent to harm or intimidate. 

Trolling: Posting inflammatory, irrelevant, or offensive comments to provoke and upset the girl. Catfishing: Deceptively posing as someone else online to manipulate or exploit the girl. Normally, the platforms used for online harassment include : 

Social Media: Platforms like Facebook, Instagram, TikTok, and Snapchat are common venues for harassment. 

Messaging Apps: Harassment often occurs through apps like WhatsApp, Messenger, and direct messaging features of social media platforms.

Gaming Communities: Online gaming platforms can also be hotspots for harassment, especially in environments that lack robust moderation. The impact of online harassment can be severe, leading to emotional distress, anxiety, depression, and in extreme cases, self-harm or suicidal thoughts.  Although, countries are implementing and updating laws to address online harassment and protect children- for example, India’s Information Technology Act and POCSO Act include provisions to combat online harassment- Organizations like UNICEF and the World Health Organization are also working to raise awareness and develop strategies to prevent online harassment. Addressing and preventing online harassment involves education, robust digital policies, support systems, and, when necessary, stern legal action.

Origin and evolution

The phenomenon of online harassment of the girl child has its roots in several interrelated factors which include: 

Technological Advancement: The widespread availability and accessibility of the internet and digital devices have created new avenues for communication and interaction. As more children, including girls, have gained access to the internet, they have also become more vulnerable to online harassment. Anonymity of the Internet: The internet provides a degree of anonymity, allowing harassers to act without immediate consequences. This anonymity can embolden individuals to engage in behaviors they might avoid in face-to-face interactions. 

Expansion of Social Media: The rise of social media platforms has significantly increased the opportunities for online interaction. These platforms often lack robust safeguards, making it easier for harassers to target girls. 

Cultural and Social Factors: Societal attitudes towards gender and power dynamics play a crucial role. In many cultures, girls are often seen as easier targets for harassment due to prevailing gender stereotypes and inequalities. 

Historical Context of Bullying: Bullying has existed long before the internet. The transition from traditional forms of bullying to cyberbullying is a natural progression, as harassers adapt their methods to new technologies. 

Lack of Early Awareness and Legislation: Initially, there was a lack of awareness about the specific dangers of online harassment, and legal frameworks were slow to catch up. This allowed such behaviors to proliferate without adequate deterrents. Because of online harassment victims often experience anxiety, depression, and low self-esteem and their harassment can lead to physical symptoms like headaches, fatigue, and sleep disturbances. 

It has also adverse effects on academic performance and social life. Affected children may show a decline in academic performance and school attendance. Victims might isolate themselves from social interactions, both online and offline. The origins of online harassment are thus multifaceted, involving technological, social, and cultural dimensions. Addressing this issue requires a comprehensive approach that includes education, technological solutions, and legal measures to protect and empower girl children in the digital age.

Safety measures in India

In India, various legal provisions and arrangements have been established to address and combat online harassment, including harassment of girl children. These include: 

Information Technology Act, 2000 (IT Act): Section 66A: Initially used to address offensive messages sent through communication services. However, this section was struck down by the Supreme Court in 2015 for being unconstitutional and vague. 

Section 66E: Addresses the violation of privacy through the capture, publishing, or transmission of images of private areas without consent. Section 67: Punishes the publication or transmission of obscene material in electronic form. Section 67A: Addresses the publication or transmission of material containing sexually explicit acts. Section 67B: Specifically targets material depicting children in sexually explicit acts or conduct. b. Indian Penal Code (IPC): Section 354A: Addresses sexual harassment and prescribes penalties for unwelcome physical contact, demand or request for sexual favours, showing pornography, and making sexually coloured remarks. Section 354D: Deals with stalking, including monitoring the use of the internet or electronic communication by a woman. 

Section 499 and 500: Cover defamation, including online defamation, and prescribe penalties for the same. Section 507: Addresses criminal intimidation by anonymous communication. Section 509: Deals with acts intended to insult the modesty of a woman, including verbal abuse and gestures. c. Protection of Children from Sexual Offences (POCSO) Act, 2012: Section 11: Defines sexual harassment of children and prescribes stringent punishments. Section 13: Criminalizes the use of children for pornographic purposes. 

Juvenile Justice (Care and Protection of Children) Act, 2015: Section 74: Prohibits the disclosure of the identity of children in need of care and protection, in conflict with the law, or a victim or witness of a crime, including online disclosure. e. Guidelines and Policies: National Cyber Crime Reporting Portal: A dedicated portal for reporting cybercrimes, including those against women and children. Cyber Crime Cells: Special units within the police force that handle cybercrime cases. Supreme Court Guidelines: The Supreme Court of India has issued various guidelines to handle online harassment and cyberbullying, ensuring better protection for victims. 

Awareness and Education Programs: Digital Literacy Campaigns: Various government and non-governmental organizations (NGOs) conduct digital literacy programs to educate children and parents about safe online practices.

Workshops and Training: Law enforcement agencies and educational institutions often hold workshops and training sessions on cyber safety and legal recourse for victims. These legal provisions and initiatives aim to create a safer online environment for girl children in India, offering protection and avenues for redressal in cases of online harassment.

The writer is a youth motivator and former Head of the University Department of Political Science, B.N. Mandal University, Madhepura, Bihar, India.

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