Cases On Social Media Misuse And Cyber Harassment
Social Media Misuse and Cyber Harassment: Overview
Legal Framework
Information Technology Act, 2000 (IT Act), especially Sections 66A (struck down but influential), 66, 66E (privacy), 67 (obscenity), 67A (child pornography).
Indian Penal Code (IPC) provisions:
Section 499 (defamation),
Section 503 (criminal intimidation),
Section 507 (criminal intimidation by anonymous communication),
Section 354A (sexual harassment),
Section 509 (insulting modesty).
IT Rules and Guidelines: Guidelines to intermediaries like social media platforms to act against abusive content.
What Constitutes Cyber Harassment on Social Media?
Posting offensive, defamatory, or threatening content.
Sharing private or intimate images without consent (revenge porn).
Cyberstalking, trolling, or sending threatening messages.
Fake profiles or identity theft leading to harassment.
Case Studies on Social Media Misuse and Cyber Harassment
1. Shreya Singhal v. Union of India (2015) 5 SCC 1
Issue: Constitutionality of Section 66A of IT Act (which criminalized sending offensive messages online).
Facts: Section 66A was challenged for being vague and violative of free speech.
Judgment:
The Supreme Court struck down Section 66A for being vague, overbroad, and violating Article 19(1)(a) (freedom of speech).
The Court emphasized that online speech deserves the same protection as offline speech.
However, cyber harassment through defamation, threats, or obscenity remains punishable under other laws.
Impact:
Protected free speech online but reaffirmed that social media misuse involving harassment could be penalized under other statutes.
2. K.S. Puttaswamy v. Union of India (2017) 10 SCC 1
Issue: Right to privacy as a fundamental right concerning digital and social media.
Facts: Petition challenged government surveillance and privacy violations in digital communication.
Judgment:
The Supreme Court declared the right to privacy as a fundamental right under Article 21.
This ruling protects individuals from unauthorized surveillance, data breaches, and misuse of private information on social media.
Impact:
Strengthened legal protections against cyber harassment involving invasion of privacy.
3. Vishaka v. State of Rajasthan (1997) 6 SCC 241
Issue: Sexual harassment and online harassment implications.
Facts: Though predating widespread social media, Vishaka laid down guidelines for sexual harassment at the workplace.
Judgment:
The Supreme Court formulated the Vishaka Guidelines to protect women from sexual harassment.
These principles have been adapted for cyber harassment cases involving sexual harassment online.
Impact:
Foundation for protecting women from sexual harassment, extended to cyber contexts.
4. Shakti Vahini v. Union of India (2018) 7 SCC 192
Issue: Protection against online harassment and hate speech.
Facts: Petitions regarding misuse of social media to incite violence and spread hate.
Judgment:
The Court emphasized stricter enforcement against online hate speech and harassment.
Directed authorities to monitor and act against misuse of social media for spreading communal disharmony and harassment.
Impact:
Reinforced responsibility on law enforcement and social media intermediaries to curb online harassment.
5. Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473
Issue: Admissibility of electronic evidence (social media content).
Facts: Evidence from social media posts was submitted in a criminal case.
Judgment:
The Supreme Court clarified conditions for electronic evidence admissibility under the IT Act.
Proper authentication is necessary for social media content to be considered valid evidence in cyber harassment or misuse cases.
Impact:
Set procedural standards ensuring social media evidence is used reliably in courts.
Summary Table
| Case | Issue | Key Principle |
|---|---|---|
| Shreya Singhal (2015) | Section 66A IT Act struck down | Protection of free speech online, but harassment punishable |
| K.S. Puttaswamy (2017) | Right to privacy | Privacy is fundamental right, protects against cyber misuse |
| Vishaka (1997) | Sexual harassment | Guidelines form basis for combating online sexual harassment |
| Shakti Vahini (2018) | Online hate speech & harassment | Directions to curb social media misuse for harassment/hate |
| Anvar P.V. (2014) | Electronic evidence | Standards for admissibility of social media evidence |
Conclusion
Social media misuse and cyber harassment pose unique challenges. The Supreme Court and other courts have developed a framework balancing freedom of expression, privacy rights, and protection from harm. The cases above illustrate evolving legal standards addressing harassment, evidence, privacy, and free speech in the digital age.
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