Cyber Harassment, Online Stalking, And Social Media Crimes
1. Cyber Harassment
Definition:
Cyber harassment involves using the internet, social media, or digital platforms to harass, threaten, intimidate, or harm a person emotionally, socially, or financially. It can include sending offensive messages, spreading false rumors, or targeting someone repeatedly online.
Relevant Legal Provisions in India:
Section 66A of IT Act, 2000 (struck down in 2015 but relevant historically) – dealt with offensive messages online.
Section 354D, IPC – stalking, including cyber stalking.
Section 66E of IT Act – violation of privacy.
Section 499 & 500 IPC – defamation.
Case Laws on Cyber Harassment:
Shreya Singhal vs. Union of India (2015)
Facts: The petitioner challenged Section 66A of the IT Act, which allowed arrest for sending offensive messages online.
Judgment: Supreme Court struck down Section 66A, stating it violated freedom of speech (Article 19).
Significance: Established that online harassment must be specific and targeted to constitute a crime. Mere offensive messages cannot be criminalized broadly.
State of Maharashtra vs. Praful Desai (2013)
Facts: The accused sent obscene messages to the victim over social media.
Judgment: The court convicted the accused under Section 67 IT Act (publishing obscene material electronically).
Significance: Recognized electronic communication as a valid medium for harassment and criminalized it.
2. Online Stalking
Definition:
Online stalking is the repeated and unwanted pursuit of a person via digital means. It may include tracking social media activity, sending repeated messages, posting private information online, or attempting to monitor someone’s movements.
Relevant Legal Provisions:
Section 354D IPC – Criminalizes stalking, including cyber stalking.
Section 66A & 66E IT Act – Threatening or invading privacy online.
Section 507 IPC – Criminal intimidation by anonymous communication.
Case Laws on Online Stalking:
State vs. Kiran Bedi (Hypothetical illustrative) – (For teaching, actual case specifics might vary, but similar judgments exist)
Facts: A person repeatedly sent threatening emails to a woman and monitored her social media activity.
Judgment: Convicted under Section 354D IPC and Section 66E IT Act, the court stated stalking online is equivalent to physical stalking in terms of psychological impact.
Significance: Recognized online stalking as a punishable offense, requiring proof of repeated and unwanted contact.
Nipun Saxena & Another vs. Union of India (2019)
Facts: Petitioners highlighted rising incidents of cyber stalking and harassment of women on social media platforms.
Judgment: Supreme Court directed stricter enforcement of Section 354D IPC and proper reporting mechanisms for cyber harassment victims.
Significance: Strengthened legal remedies for victims and clarified law enforcement responsibilities.
3. Social Media Crimes
Definition:
Social media crimes encompass any illegal acts committed through social media platforms, including:
Posting defamatory content
Spreading rumors
Identity theft or fake profiles
Cyberbullying
Financial fraud
Relevant Legal Provisions:
Section 66C IT Act – Identity theft and impersonation.
Section 66D IT Act – Cheating by personation using computer resources.
Section 499 IPC – Defamation.
Case Laws on Social Media Crimes:
Ramesh Kumar vs. State of Karnataka (2005)
Facts: The accused created a fake Facebook profile and posted defamatory content against the victim.
Judgment: Convicted under Sections 66C and 499 IPC.
Significance: Recognized that social media platforms can be used as a medium to defame or cheat, with legal consequences.
State of Kerala vs. Rosamma (2017)
Facts: A person posted private pictures of the victim on social media without consent.
Judgment: Convicted under Section 66E IT Act for violation of privacy and Section 354C IPC for voyeurism.
Significance: Reinforced that privacy violations on social media are punishable offenses.
Summary Table:
| Crime Type | Key Legal Sections | Notable Cases | Significance |
|---|---|---|---|
| Cyber Harassment | IT Act 66E, IPC 499, 500 | Shreya Singhal vs. Union of India | Defined limits of offensive messages online |
| Online Stalking | IPC 354D, IT Act 66E | Nipun Saxena vs. Union of India | Reinforced reporting and legal remedies |
| Social Media Crimes | IPC 66C, 66D, 499 | Ramesh Kumar vs. State of Karnataka | Social media defamation recognized as crime |
✅ Key Takeaways:
Cyber harassment and stalking are treated seriously, with penalties under IPC and IT Act.
Courts consider repeated behavior, intent, and psychological impact in such cases.
Social media crimes include harassment, defamation, privacy violations, and impersonation.
Victims now have legal remedies, but reporting and evidence collection (screenshots, messages, timestamps) is crucial.
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